L'Roy Eugene Snyder v. The State of Texas--Appeal from 384th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

L=ROY EUGENE SNYDER, )

) No. 08-03-00517-CR

Appellant, )

) Appeal from the

v. )

) 384th District Court

THE STATE OF TEXAS, )

) of El Paso County, Texas

Appellee. )

) (TC# 20000D01391)

)

MEMORANDUM OPINION

This is an attempted appeal from a conviction for theft of service, for which Appellant L=Roy Eugene Snyder received a sentence of 2 years= imprisonment in state jail, probated to 3 years= community supervision. The issue before this Court is whether Mr. Snyder timely filed his notice of appeal. We conclude that he did not and dismiss the attempted appeal for want of jurisdiction.

The record reflects that the trial court entered its judgment and imposed its sentence on January 31, 2002. No motion for new trial was filed in this case. Mr. Snyder filed a notice of appeal on December 16, 2003.

A timely notice of appeal is necessary to invoke the jurisdiction of this Court. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Tex.R.App.P. 26.2(a) prescribes the time period in which notice of appeal must be filed by the defendant in order to perfect appeal in a criminal case:

(a) By the Defendant. The notice of appeal must be filed:

(1) within 30 days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order; or

(2) 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 (a)

Therefore, a defendant=s notice of appeal is timely if filed within thirty days after the day the trial court enters an appealable order or after the day sentence is imposed. Tex.R.App.P. 26.2(a); Olivo, 918 S.W.2d at 522. Rule 26.3 allows for an exception: The appellate court may extend the time to file the notice of appeal if, within fifteen days after the deadline for filing the notice of appeal, the party: (a) files in the trial court the notice of appeal; and (b) files in the appellate court a motion complying with Rule 10.5(b), reasonably explaining the need for the extension of time. Tex.R.App.P. 26.3; Tex.R.App.P. 10.5(b)(2).

The last date allowed for timely filing the notice of appeal was March 2, 2002, thirty days after the day the trial court imposed its sentence. Tex.R.App.P. 26.2(a)(1). Mr. Snyder did not file his notice of appeal until December 16, 2003 and did not file a motion for extension of time. Therefore, Mr. Snyder failed to perfect this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

February 12, 2004

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.

(Do Not Publish)