Opinion
No. 06-12-00059-CR
05-02-2012
RANDY SCHMUTZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 76th Judicial District Court
Titus County, Texas
Trial Court No. CR14,334
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Randy Schmutz appeals from his verdict of hindering secured creditors. His sentence was imposed December 8, 2011. Schmutz filed a timely motion for new trial.
Therefore, Schmutz's notice of appeal had to be filed within ninety days of the date sentence was imposed. TEX. R. APP. P. 26.2(a)(2). The last day for filing the notice of appeal was March 7, 2012. The notice of appeal was not filed until April 5, 2012.
The Texas Court of Criminal Appeals interprets Rule 26.3 of the Texas Rules of Appellate Procedure strictly to require an appellant in a criminal case to file his or her notice of appeal and a motion for extension within the fifteen-day period for filing a late notice of appeal. See TEX. R. APP. P. 26.3; Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996) (citing Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993)). The Texas Court of Criminal Appeals has expressly held that, without a timely-filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal. See Olivo, 918 S.W.2d at 522; see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998).
We dismiss this appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
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