Jeno Dewayne Jackson v. The State of Texas--Appeal from 102nd District Court of Red River County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00088-CR

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JENO DEWAYNE JACKSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 102nd Judicial District Court

Red River County, Texas

Trial Court No. CR00468

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

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Jeno Dewayne Jackson attempts to appeal his conviction for aggravated sexual assault of a child. Jackson pled guilty and was sentenced to thirty years' imprisonment. Jackson's sentence was imposed October 25, 2005. His notice of appeal was filed May 8, 2006. We received the clerk's record May 23, 2006, and the supplemental clerk's record containing Jackson's notice of appeal was received May 30, 2006. The issue before us is whether Jackson timely filed his notice of appeal. We conclude that 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 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 Jackson could timely file his notice of appeal was November 28, 2005, 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.

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

Jack Carter

Justice

Date Submitted: May 30, 2006

Date Decided: May 31, 2006

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