James M. Hannington v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00087-CR James M. HANNINGTON, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 1987CR2073 Honorable Sharon MacRae, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice Delivered and Filed: February 13, 2013 DISMISSED FOR WANT OF JURISDICTION In 1988, James M. Hannington pleaded guilty to felony credit card abuse pursuant to a plea bargain, and the court sentenced him to six years confinement, suspended imposition of the sentence and placed Hannington on probation for a period of six years. On June 10, 1991, the trial court revoked Hannington s probation and imposed a six year prison term. The judgment ordered the term to run consecutive to the prison term imposed in another cause. On January 28, 2013, Hannington filed a notice of appeal, challenging the 1991 sentence. 04-13-00087-CR A timely notice of appeal is necessary to invoke a court of appeals jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993). When a defendant appeals a conviction and sentence, the 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. Id. at 109 10; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfecting appeal). PER CURIAM DO NOT PUBLISH -2-

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