Raymond Gonzales v. The State of Texas--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION
Nos. 04-07-00434-CR & 04-07-00435-CR
Raymond GONZALES,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court Nos. 956416 & 902807
Honorable Monica Guerrero, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

 

Delivered and Filed: July 18, 2007

 

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced in the underlying causes on March 1, 2006, and July 28, 2005, respectively. Assuming timely motions for new trial were filed, appellant's notices of appeal were due to be filed no later than May 30, 2006, and October 26, 2005, respectively. See Tex. R. App. P. 26.2. No notices of appeal were filed in the trial court; however, appellant filed motions for leave to file late notice of appeal in this court on June 26, 2007.

A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended in open court, or within ninety days after sentencing if the defendant timely files a motion for new trial. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time. Id. In this case, the appellant did not file a notice of appeal within fifteen days of the last day allowed for filing, and the motions for leave to file late notice of appeal were not filed in this court within fifteen days of the last day allowed for filing the notice of appeal. Accordingly, this court does not have jurisdiction to grant appellant's motions or to consider these appeals. The appellant's motions for leave to file late notice of appeal and these appeals are dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH