Robert E. Tuttle 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

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No. 06-04-00108-CR

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ROBERT EDWARD TUTTLE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 8th Judicial District Court

Hopkins County, Texas

Trial Court No. 0216743

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

On January 13, 2003, the trial court sentenced Robert Edward Tuttle to life imprisonment in accordance with the jury's verdict. Tuttle filed a motion for new trial January 16, 2003, but did not file his notice of appeal until more than a year later, July 29, 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. In this case, the record shows Tuttle did not file his notice of appeal within ninety days of filing his motion for new trial. Accordingly, Tuttle did not timely invoke this Court's jurisdiction.

We dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: September 1, 2004

Date Decided: September 2, 2004

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