Jason Bryan Boyd v. The State of Texas--Appeal from 339th District Court of Harris County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-01-00154-CR
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JASON BRYAN BOYD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 339th Judicial District Court
Harris County, Texas
Trial Court No. 750687
Before Cornelius, C.J., Grant and Ross, JJ.
Opinion by Chief Justice Cornelius
O P I N I O N

Jason Bryan Boyd has filed a notice of appeal from his conviction for aggravated robbery. Sentence was imposed on November 30, 1999. On June 25, 2001, Boyd filed a motion and notice of late appeal with the district clerk of Harris County. (1) The notice of appeal was not filed within thirty days of the imposition of sentence and is therefore not timely. Tex. R. App. P. 26.2(a)

A late notice of appeal is considered timely and thus invokes the appellate court's jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996). Further, 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. Slaton v. State, 981 S.W.2d 208; Olivo v,. State, 918 S.W.2d 519.

The notice of appeal and the motion to extend time to file a notice of appeal were both filed outside the time frame that would permit this Court to assert jurisdiction over the case.

 

The appeal is dismissed for want of jurisdiction.

William J. Cornelius

Chief Justice

 

Date Submitted: October 16, 2001

Date Decided: October 16, 2001

 

Do Not Publish

1. This is an appeal transferred to this Court by the Texas Supreme Court for the purposes of docket equalization.