Opinion
No. 06-07-00003-CR.
Date Submitted: January 30, 2007.
Date Decided: January 31, 2007. DO NOT PUBLISH.
On Appeal from the 102nd Judicial District Court, Bowie County, Texas, Trial Court No. 05F189-102.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Donald Reed attempts to appeal his conviction for theft. See Tex. Penal Code Ann. § 31.03 (Vernon Supp. 2006). Reed was convicted by a jury, and the jury assessed fifty years' imprisonment. His sentence was imposed September 20, 2006. A motion for new trial was timely filed October 19, 2006. Reed's notice of appeal was filed January 24, 2007. We received the clerk's record January 29, 2007. The issue before us is whether Reed timely filed his notice of appeal. We conclude that he did not and dismiss the attempted appeal for want of jurisdiction. A timely notice of appeal is necessary to invoke this Court's jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Rule 26.2(a) prescribes the time period in which a notice of appeal must be filed by a defendant in order to perfect appeal in a criminal case. A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended in open court, or within ninety days after sentencing if the defendant timely files a motion for new trial. Tex. R. App. P. 26.2(a); Olivo, 918 S.W.2d at 522. Because a motion for new trial was filed, the last date Reed could timely file his notice of appeal was December 18, 2006, ninety days after the day the sentence was imposed in open court. See Tex. R. App. P. 26.2(a)(2). Further, no motion for extension of time was filed in this Court within fifteen days of the last day allowed for filing the notice of appeal. Reed has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.