Juan Yepez v. The State of Texas--Appeal from County Court at Law No 4 of Montgomery County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00251-CR _________________ JUAN YEPEZ, Appellant V. THE STATE OF TEXAS, Appellee _____________________________________________________________________ On Appeal from the County Court at Law No. 4 Montgomery County, Texas Trial Cause No. 08-240056 _____________________________________________________________________ MEMORANDUM OPINION On June 10, 2010, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a response. The trial court pronounced sentence on January 6, 2010, and the appellate timetables were extended by the timely filing of a motion for new trial. Notice of appeal was due to be filed on April 6, 2010. See TEX. R. APP. P. 26.2(a)(2). Appellant filed notice of appeal on April 7, 2010. A timely notice of appeal is necessary to invoke the Court s appellate jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Furthermore, the lack of a timely filed motion for extension of time is a jurisdictional defect. Id. When a notice of 1 appeal is filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction. Id. If the appeal is not timely perfected, the appellate court must dismiss the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). The notice of appeal was not timely filed. See Tex. R. App. P. 26.2. No motion for extension of time was timely filed pursuant to TEX. R. APP. P. 26.3. Under these circumstances, we lack jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction. APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Opinion Delivered July 21, 2010 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 2

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