Opinion
No. 14-06-00311-CR
Opinion filed June 26, 2007. Do not publish — TEX. R. APP. P. 47.2(b).
On Appeal from the 185th District Court Harris County, Texas, Trial Court Cause No. 949,878.
Panel consists of Chief Justice HEDGES and Justices FOWLER and EDELMAN.
MEMORANDUM OPINION
Michael Cadett Mapes appeals the trial court's revocation of his bond pending appeal (the "bond"), denial of his motion challenging this revocation, and refusal to reinstate the bond at a reasonable amount. We dismiss the appeal for want of jurisdiction. Appellant was convicted of felony driving while intoxicated on June 16, 2004, and posted the bond on July 2, 2004. On September 29, 2005, the trial court revoked the bond for violation of a condition of release. On March 9, 2006, appellant filed a motion to challenge the revocation and to reinstate the bond at a reasonable amount, which the trial court denied. Appellant's notice of appeal was filed on April 3, 2006. Appellant's notice of appeal was due within thirty days after the trial court revoked his bond. See Tex. R. App. P. 26.2(a)(1). Appellant did not file his notice of appeal until April 3, 2006, which was after the expiration of the time period for filing the notice of appeal. Even if appellant's motion to challenge the revocation and to reinstate the bond could be construed as a motion for new trial that extends the period for filing a notice of appeal to ninety days, his notice of appeal was still filed well after the ninety-day period elapsed. The failure to file either a timely notice of appeal or a timely motion for extension of time to do so within fifteen days after the deadline for filing a notice of appeal deprives this court of jurisdiction over this appeal. See Tex. R. App. P. 26.2(a)(1), 26.3; Slaton v. State, 981 S.W.2d 208, 211 (Tex.Crim.App. 1998). Accordingly, we dismiss the appeal for want of jurisdiction.
Appellant's conviction was affirmed by this court on February 7, 2006. See Mapes v. State, 187 S.W.3d 655 (Tex.App.CHouston [14th Dist.] 2006, pet. filed).
See Nurnberg v. State, No. 2-02-510-CR, 2002 WL 31992191, at *1 (Tex.App.CFort Worth Feb. 13, 2003, no pet.) (mem. op., not designated for publication); cf. Perez v. State, No. 14-06-00091-CR, 2006 WL 1027058, at *1 (Tex.App.CHouston [14th Dist.] April 20, 2006, pet. dism'd) (mem. op., not designated for publication) (deciding that appeal from trial court's denial of reduction in bond was untimely pursuant to rule 26.2); Ex parte King, No. 04-05-00715-CR, 2005 WL 3297956, at *1 (Tex.App.CSan Antonio Dec. 7, 2005, no pet.) (mem. op., not designated for publication) (same).