Brittany Nicole Litchfield v. The State of Texas Appeal from 252nd District Court of Jefferson County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00035-CR NO. 09-23-00036-CR __________________ BRITTANY NICOLE LITCHFIELD, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause Nos. 21-37098 and 21-37099 __________________________________________________________________ MEMORANDUM OPINION On December 12, 2022, the trial court sentenced Brittany Nicole Litchfield on separate indictments for abandoning a child, but suspended imposition of the sentences and placed Litchfield on community supervision. See Tex. Penal Code Ann. § 22.041(f); see also Tex. Code Crim. Proc. Ann. art. 42A.053(a)(1). On January 26, 2023, Litchfield filed notice of appeal for Trial Cause Numbers 2137098 and 21-37099. We questioned whether we had jurisdiction over the appeals. 1 In a criminal case, 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). Here, the notice of appeal was due on January 11, 2023. See Tex. R. App. P. 26.2(a)(1). An appellate may, however, extend the time to file the notice of appeal if, within 15 days after the deadline for filing the notice the party files a motion to extend the time to file the appeal, which contains the information required by Rule 10.5(b) of the Texas rules of Civil Procedure. See Tex. R. App. P. 26.3 Here, a motion for extension of time was due to be filed no later than January 26, 2023, but Litchfield did not file one. “When a notice of appeal is filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction.” Olivo, 918 S.W.2d at 522. We dismiss the appeals for lack of jurisdiction. See Tex. R. App. P. 43.2(f). APPEALS DISMISSED. PER CURIAM Submitted on March 21, 2023 Opinion Delivered March 22, 2023 Do Not Publish Before Golemon, C.J., Horton and Wright, JJ. 2
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