Opinion
No. 11-15-00321-CR
01-14-2016
MOSES MALDONADO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 238th District Court Midland County, Texas
Trial Court Cause No. CR45031
MEMORANDUM OPINION
Moses Maldonado, Appellant, filed an untimely notice of appeal from his conviction for the offense of evading arrest with a motor vehicle. We dismiss the appeal.
The documents on file in this case indicate that Appellant's sentence was imposed on November 10, 2015, and that his notice of appeal was filed in the district clerk's office on December 11, 2015. When the appeal was filed in this court, we notified Appellant that the notice of appeal appeared to be untimely. We requested that Appellant file a motion for extension of time on or before December 28, 2015, noting that the motion could include proof of mailing. We informed Appellant that, absent a timely filed notice of appeal or motion for extension of time, this appeal may be dismissed for want of jurisdiction. No motion for extension or other response to our letter has been filed in this court.
Pursuant to TEX. R. APP. P. 26.2, Appellant's notice of appeal was due to be filed within thirty days after the date that his sentence was imposed in open court, not thirty days after the date that the trial court signed the judgment of conviction. See Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993). A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). Appellant's notice of appeal was filed with the clerk of the trial court thirty-one days after his sentence was imposed and was, therefore, untimely. Furthermore, Appellant did not file a motion for extension within the prescribed fifteen-day period. See TEX. R. APP. P. 26.3(b). "When a notice of appeal, but no motion for extension of time, is filed within the fifteen-day period, the court of appeals lacks jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for lack of jurisdiction." Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo, 918 S.W.2d at 522-23; Rodarte, 860 S.W.2d at 110. Because we have no jurisdiction, we must dismiss the appeal.
This appeal is dismissed for want of jurisdiction.
PER CURIAM January 14, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.