Aaron Dale Williamson v. The State of Texas--Appeal from 124th District Court of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00105-CR

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AARON DALE WILLIAMSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 30841-B

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

On March 23, 2004, the trial court sentenced Aaron Dale Williamson to three terms of life imprisonment, with each sentence to be served consecutively. Williamson filed an out-of-time motion for new trial and an out-of-time notice of appeal August 3, 2004.

A defendant must file the notice of appeal within thirty days from the date the trial court imposes or suspends sentence unless the defendant timely files a motion for new trial, in which case the notice of appeal must be filed within ninety days from the date the trial court imposes or suspends sentence. Tex. R. App. P. 26.2. An appellate court may, however, extend the time to file the notice of appeal "if, within 15 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)." Tex. R. App. P. 26.3.

In this case, the record clearly shows Williamson did not file a timely motion for new trial. See Tex. R. App. P. 21.4(a) (motion shall be filed no later than thirty days after sentence is imposed or suspended). Accordingly, his notice of appeal was due by April 22, 2004. It was not filed until August 3, 2004.

Williamson did not timely invoke this Court's jurisdiction. The record does not indicate he has been granted an out-of-time appeal by the Texas Court of Criminal Appeals. Accordingly, we dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: August 11, 2004

Date Decided: August 12, 2004

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