Bradwick Levert Holt v. The State of Texas--Appeal from County Court at Law of Lamar County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00278-CR

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BRADWICK LEVERT HOLT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court

Lamar County, Texas

Trial Court No. 49474

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

A jury convicted Bradwick Levert Holt of failure to identify, fugitive from justice. See Tex. Pen. Code Ann. 38.02 (Vernon Supp. 2005). As charged in this case, that offense is a Class B misdemeanor. See id. The trial court assessed Holt's punishment at sixty days' confinement in the county jail and no fine. The court imposed Holt's sentence September 7, 2005. Holt timely filed a motion for new trial October 5, 2005. Holt filed his notice of appeal December 19, 2005.

To perfect an appeal in a criminal case, the notice of appeal must be filed "within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial." Tex. R. App. P. 26.2. Holt's notice of appeal was not filed until 103 days after the date on which the trial court imposed Holt's sentence. Holt's notice of appeal was, therefore, untimely by thirteen days, and it cannot serve to invoke this Court's jurisdiction.

Accordingly, we dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: January 30, 2006

Date Decided: January 31, 2006

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