Ryan Jordan Cooley v. The State of Texas--Appeal from 124th District Court of Gregg County (majority)
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-11-00221-CR ______________________________ RYAN JORDAN COOLEY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 124th Judicial District Court Gregg County, Texas Trial Court No. 39177-B Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Ryan Jordan Cooley attempts to appeal his adjudication of delivery of marihuana in a drug-free zone. Cooley s sentence was imposed September 1, 2011. His notice of appeal was filed October 14, 2011. We received the clerk s record November 14, 2011. The issue before us is whether Cooley timely filed his notice of appeal. We conclude that he did not and dismiss the attempted appeal for want of jurisdiction. 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) of the Texas Rules of Appellate Procedure prescribes the time period in which a notice of appeal must be filed by a defendant in order to perfect appeal in a criminal case. See TEX. R. APP. P. 26.2(a). 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. The record does not contain a motion for new trial. The last date Cooley could timely file his notice of appeal was October 3, 2011, thirty days after the day the sentence was imposed in open court. See TEX. R. APP. P. 26.2(a)(1). Further, no motion for extension of time was filed in this Court within fifteen days of the last day allowed for filing the notice of appeal. 2 Cooley has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: December 6, 2011 December 7, 2011 Do Not Publish 3
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