Alberto Sanchez v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00556-CR
Alberto SANCHEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-1688-W
Honorable Raymond Angelini, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: November 3, 2004

DISMISSED FOR WANT OF JURISDICTION

Alberto Sanchez attempts to appeal from an order deferring his adjudication and placing him on community supervision for a term of five years. We dismiss this appeal for want of jurisdiction.

Sanchez pleaded guilty to the offense of violating a protective order by committing assault, and the trial court entered an order deferring the adjudication of his guilt and placing him on community supervision on April 23, 2003. Sanchez subsequently moved for a new trial on May 1, 2003. He then filed a notice of appeal on July 17, 2003.

A notice of appeal must be filed within 30 days after sentence is imposed or suspended when the defendant has not filed a motion for new trial. Tex. R. App. P. 26.2(a)(1). When a timely motion for new trial is filed, the defendant must file his notice of appeal within 90 days after sentence is imposed or suspended. Id. at 26.2(a)(2). A motion for new trial, however, is not available as a remedy for a defendant who receives deferred adjudication. Donovan v. State, 68 S.W.3d 633, 638 (Tex. Crim. App. 2002). Thus, to perfect an appeal from an order deferring adjudication of guilt, a defendant must notice his appeal within 30 days after the order is signed. Murray v. State, 89 S.W.3d 187, 188 (Tex. App.--Dallas 2002, pet. ref'd) (holding defendant's notice of appeal was untimely because a motion for new trial is ineffective to extend the time for filing the notice of appeal in a case in which the defendant receives deferred adjudication).

In this case, Sanchez had to file a notice of appeal by May 23, 2003 to timely perfect his appeal. See id. Because Sanchez did not file a notice of appeal by this date, we did not obtain jurisdiction over his appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). We must therefore dismiss this appeal for want of jurisdiction.

Sarah B. Duncan, Justice

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