Roger Dale Warr v. The State of Texas--Appeal from 4th District Court of Rusk County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00067-CR

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ROGER DALE WARR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Fourth Judicial District Court

Rusk County, Texas

Trial Court No. CR05-182

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Roger Dale Warr attempts to appeal his conviction for indecency with a child by sexual contact. Warr was found guilty by a jury and was sentenced to seven years' imprisonment in accordance with the jury's verdict. Warr's sentence was imposed February 9, 2006. His notice of appeal was filed March 30, 2006. We received the clerk's record April 12, 2006. The issue before us is whether Warr timely filed his notice of appeal. We conclude he did not and dismiss the attempted appeal for want of jurisdiction.

A timely notice of appeal is necessary to invoke this Court's jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Rule 26.2(a) prescribes the time period in which a notice of appeal must be filed by a defendant in order to perfect an appeal in a criminal case. 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. Tex. R. App. P. 26.2(a); Olivo, 918 S.W.2d at 522. The record does not contain any motion for new trial. The last date Warr could timely file his notice of appeal was March 13, 2006, thirty days after the day the sentence was imposed in open court. See Tex. R. App. P. 26.2(a)(1). Further, no motion for extension of time was filed in this Court within fifteen days of the last day allowed for filing the notice of appeal.

Warr has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

Donald R. Ross

Justice

Date Submitted: April 17, 2006

Date Decided: April 18, 2006

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