Opinion
No. 06-04-00108-CR
Submitted: September 1, 2004.
Decided: September 2, 2004. DO NOT PUBLISH.
On Appeal from the 8th Judicial District Court, Hopkins County, Texas, Trial Court No. 0216743.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
On January 13, 2003, the trial court sentenced Robert Edward Tuttle to life imprisonment in accordance with the jury's verdict. Tuttle filed a motion for new trial January 16, 2003, but did not file his notice of appeal until more than a year later, July 29, 2004. A defendant must file the notice of appeal within thirty days from the date the trial court imposes or suspends sentence unless the defendant timely files a motion for new trial, in which case the notice of appeal must be filed within ninety days from the date the trial court imposes or suspends sentence. TEX. R. APP. P. 26.2. In this case, the record shows Tuttle did not file his notice of appeal within ninety days of filing his motion for new trial. Accordingly, Tuttle did not timely invoke this Court's jurisdiction. We dismiss the appeal for want of jurisdiction.