Bonnie House v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-03-00891-CR
Bonnie Marie HOUSE,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-0916
Honorable Pat Priest, Judge Presiding (1)

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: January 14, 2004

APPEAL DISMISSED

Bonnie Marie House ("House") was sentenced to ten years incarceration for murder on August 15, 2003. She filed a timely motion for new trial on September 12, 2003. Her notice of appeal was due on November 13, 2003. House filed a notice of appeal on November 24, 2003. House did not file a motion for extension of time to file her notice of appeal in this Court.

On December 17, 2003, we ordered House to show cause why her appeal should not be dismissed for want of jurisdiction. House filed a response stating that she had filed her notice of appeal within thirty days of the date the trial court denied her motion for new trial. Therefore, according to House, her appeal is timely and we have jurisdiction. We disagree with House.

When a defendant appeals from a conviction in a criminal case, the time to file a notice of appeal runs from the date sentence is imposed or suspended in open court. See Rodarte v. State, 860 S.W.2d 108, 109 (Tex. Crim. App. 1993). In an ordinary appeal, this is the exclusive starting point for determining the timeliness of a notice of appeal. Id. The mere filing of a motion for new trial extends the notice of appeal filing period from thirty days to ninety days. Olivo v. State, 894 S.W.2d 58, 59 (Tex. App.--San Antonio 1995) affirmed, 918 S.W.2d 519 (Tex. Crim. App. 1996). Whether thirty or ninety days, however, the period continues to run from the date sentence is imposed or suspended, not the date of any ruling on the motion for new trial. Id. Here, House had ninety days from the date sentence was imposed or until November 13, 2003, to file a notice of appeal. She did not file a notice of appeal by that date.

Moreover, House did not file a motion for extension of time in this Court. Because House did not timely file her notice of appeal or a motion for extension of time, we lack jurisdiction to decide her appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Therefore, this appeal is dismissed for want of jurisdiction.

PER CURIAM

Do Not Publish

1. The Honorable Bert Richardson is the presiding judge of the 379th Judicial District Court, Bexar County, Texas. The Honorable Pat Priest presided over appellant's conviction and signed the judgment of conviction.