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Woodring v. State

Court of Appeals of Texas, Eighth District, El Paso
May 8, 2008
No. 08-08-00152-CR (Tex. App. May. 8, 2008)

Opinion

No. 08-08-00152-CR

May 8, 2008. DO NOT PUBLISH.

Appeal from the County Court of Andrews County, Texas (TC# 06-0702).

Before Chew, C.J., McClure, and Carr, JJ.


MEMORANDUM OPINION


Jonathan Woodring attempts to appeal his conviction for driving while intoxicated. Finding that Appellant has not timely filed his notice of appeal, or a motion for extension of time, we dismiss the appeal. The record before us reflects that sentence was imposed on March 7, 2008. Appellant did not file a motion for new trial. According to the record before us, a notice of appeal was not filed until April 14, 2008. By letter dated April 16, 2008, the clerk of this Court notified Appellant in writing of our intent to dismiss this appeal for want of jurisdiction. Appellant has filed a response to the clerk's notice stating that a notice of appeal was filed on April 1, 2008. However, due to a change in location of the Andrews County Clerk's office, which Appellant's attorney was not aware of, the notice of appeal was returned, unfiled, on April 7, 2008. The April 14, 2008, notice of appeal did not contain a motion for extension of time. 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). Appellant's notice of appeal was due to be filed on April 6, 2008, thirty days after the date sentence was imposed in open court. See Tex.R.App.P. 26.2(a)(1). Pursuant to Rule 26.3, a court of appeals may grant an extension of time to file a notice of appeal if the notice is filed within fifteen days after the last day allowed and, within the same period, a motion is filed in the court of appeals reasonably explaining the need for an extension of time. Tex.R.App.P. 26.3; Olivo, 918 S.W.2d at 522. Because Appellant did not file his notice of appeal until April 14, 2008, and he failed to file a motion for extension of time, he failed to perfect this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.


Summaries of

Woodring v. State

Court of Appeals of Texas, Eighth District, El Paso
May 8, 2008
No. 08-08-00152-CR (Tex. App. May. 8, 2008)
Case details for

Woodring v. State

Case Details

Full title:JONATHAN K. WOODRING, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: May 8, 2008

Citations

No. 08-08-00152-CR (Tex. App. May. 8, 2008)