Leslie Hodges v. The State of Texas--Appeal from County Court at Law of Panola County

lee, elmer edward v. state NOS. 12-02-00210-CR
12-02-00211-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

LESLIE HODGES,

 
APPEAL FROM THE

APPELLANT

 

V.

 
COUNTY COURT AT LAW OF

THE STATE OF TEXAS,

APPELLEE

 
PANOLA COUNTY, TEXASPER CURIAM

This appeal is being dismissed for want of jurisdiction. On June 27, 2000, Appellant pleaded guilty to burglary of a habitation and burglary of a building and was sentenced to three years of deferred adjudication probation. On March 6, 2002, the trial court revoked Appellant's probation and proceeded to an adjudication of guilt. On that same date, the trial court found Appellant guilty of two counts of burglary and assessed punishment at imprisonment for five years. A judgment adjudicating Appellant guilty and revoking her probation was signed on April 10, 2002. Thereafter, on May 8, 2002, Appellant filed a motion for new trial. Rule 21.4(a) of the Texas Rules of Appellate Procedure states that a motion for new trial in a criminal case must be filed "no later than 30 days after the date when the trial court imposes or suspends sentence in open court." Therefore, pursuant to Rule 21.4(a), Appellant's motion for new trial was due no later than April 5, 2002. Because Appellant filed her motion for new trial on May 8, 2002, the motion was not timely filed.

Appellant's notice of appeal was due on April 5, 2002. Tex. R. App. P. 26.2(a) (absent timely motion for new trial, notice of appeal due within 30 days after day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order). However, Appellant did not file her notice of appeal until August 1, 2002. (1) Moreover, Appellant did not file a timely motion for extension of time to file her notice of appeal as authorized by Tex. R. App. P. 26.3 (requiring motion to extend time to file notice of appeal to be filed within 15 days after deadline for filing notice of appeal).

On August 20, 2002, this court notified Appellant pursuant to Rules 26.2 and 37.2 that the information received in this appeal did not show the jurisdiction of this Court and gave Appellant until August 30, 2002 to correct the defect. In response to our notice, Appellant filed a Motion for Leave to File Late Notice of Appeal, which was untimely. Moreover, Appellant has failed to demonstrate the jurisdiction of this Court. Because this Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeal must be dismissed. See Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998).

Appellant's motion for leave to file a late of appeal is overruled, and the appeal is dismissed for want of jurisdiction.

Opinion delivered August 30, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

 
(DO NOT PUBLISH)

1. Appellant has calculated all filing deadlines from April 10, 2002, which is the date the trial court signed its order. Even assuming April 10 is the correct beginning date, and further assuming her motion for new trial was timely, her notice of appeal would have been due on July 9, 2002.