Robert Lee Franklin v. The State of Texas--Appeal from 8th District Court of Hopkins County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00183-CR
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ROBERT LEE-LOSTON FRANKLIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court
Hopkins County, Texas
Trial Court No. 0316871
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Robert Lee-Loston Franklin attempts to appeal his conviction for delivery of a controlled substance, cocaine, less than one gram. Pursuant to a negotiated plea agreement, Franklin pled guilty and was sentenced to twenty years' imprisonment. The issue before us is whether Franklin timely filed his notice of appeal. We conclude he did not and dismiss the attempted appeal for want of jurisdiction.

On the issue of whether Franklin timely perfected his appeal, the record establishes (1) Franklin's sentence was imposed on March 31, 2003; (2) Franklin did not file a motion for new trial; and (3) Franklin's notice of appeal was not filed until August 6, 2003.

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). Rule 26.2(a) prescribes the time period in which a notice of appeal must be filed by the defendant in order to perfect an appeal in a criminal case. A defendant's 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. Tex. R. App. P. 26.2(a); Olivo, 918 S.W.2d at 522.

When a defendant appeals from a conviction in a criminal case, the time to file a notice of appeal runs from the date sentence is imposed or suspended in open court, not from the date sentence is signed and entered by the trial court. Rodarte v. State, 860 S.W.2d 108, 109 (Tex. Crim. App. 1993). The last date allowed for Franklin to timely file his notice of appeal, without a timely filed motion for new trial, was April 30, 2003, thirty days after the day the sentence was imposed. Tex. R. App. P. 26.2(a)(1). Because Franklin did not file his notice of appeal until August 6, 2003, he failed to perfect this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

 

Jack Carter

Justice

 

Date Submitted: August 26, 2003

Date Decided: August 27, 2003

 

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