BEN EDWARD GRAY, JR. v. The State of Texas--Appeal from 161st District Court of Ector County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BEN EDWARD GRAY, JR.,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-03-00417-CR

Appeal from the

161st District Court

of Ector County, Texas

(TC#B-30,479)

MEMORANDUM OPINION

According to the documents filed in this Court, Ben Edward Gray, Jr., was sentenced on June 24, 2003 for the offense of possession of four grams or more but less than two hundred grams of methamphetamine. He filed a notice of appeal on August 13, 2003.

A defendant=s notice of appeal must generally be filed within thirty days after the day sentence is imposed or suspended. Tex. R. App. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Therefore, Gray=s notice of appeal was due on July 24, 2003. A court of appeals may grant an extension of time to file the 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 the extension of time. Tex. R. App. P. 26.3; Olivo, 918 S.W.2d at 522. Gray did not file his notice of appeal within the fifteen-day grace period and he did not file a motion for extension of time.

A timely notice of appeal is necessary to invoke this Court=s jurisdiction. Olivo, 918 S.W.2d at 522. Because Gray=s notice was untimely, we dismiss the appeal for want of jurisdiction. Gray=s counsel has filed a ASecond Motion for Extension of Time,@ requesting additional time for filing an amended notice of appeal and the trial court=s certification of his right to appeal. Because of our disposition of the appeal, we dismiss this motion as moot.

SUSAN LARSEN, Justice

October 23, 2003

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)