Kevin Buhl v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-96-067-CR

KEVIN BUHL,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 95-379-C

MEMORANDUM OPINION

On January 26, 1996, a jury found Kevin Buhl guilty of capital murder. Tex. Penal Code Ann. 19.03 (Vernon 1994). Because the State did not seek the death penalty, punishment was automatically assessed at life imprisonment and the court imposed the sentence that same day. Id. 12.31(a). Buhl did not file a motion for a new trial; thus, to appeal from his conviction and punishment, he must have filed his notice of appeal within thirty days "after the day sentence [was] imposed or suspended in open court," i.e., by February 26. // Tex. R. App. P. 41(b)(1); Rodarte v. State, 860 S.W.2d 108, 109-10 (Tex. Crim. App. 1993). He filed a notice of appeal in the trial court on March 29 and a motion to extend the time to file his notice of appeal in this court on April 4. Tex. R. App. P. 41(b)(2). Because neither the notice of appeal or the motion for extension of time is timely, we do not have jurisdiction over his appeal. Id.; Olivo v. State, No. 442-95, slip op. at 4 (Tex. Crim. App. March 27, 1996).

Thus, we deny his motion for an extension of time to file a notice of appeal and dismiss this cause for want of jurisdiction. Id.

PER CURIAM

Before Justice Cummings, and

Justice Vance

Dismissed for want of jurisdiction

Opinion delivered and filed April 24, 1996

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