David Lancelot Jenkins, Jr. v. The State of Texas--Appeal from 402nd District Court of Wood County

NO. 12-01-00331-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

DAVID LANCELOT JENKINS, JR.,

 
APPEAL FROM THE 402ND

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

 
WOOD COUNTY, TEXAS
PER CURIAM

This appeal is being dismissed for want of jurisdiction because Appellant has failed, after notice, to provide the Court with an appealable order. In his notice of appeal, Appellant states that he is appealing from the "October 5, 2001" denial of his motion for new trial filed on "June 6, 2001." Rule 26.2(a)(1) of the Texas Rules of Appellate Procedure states that a notice of appeal must be filed within thirty days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order. While the filing of a motion for new trial extends the appellate timetable, Tex. R. App. P. 26.1(a)(1), the denial of such a motion is not itself the imposition of sentence or an appealable order. On November 16, 2001, pursuant to Tex. R. App. P. 37.2 and 44.3, Appellant was notified that the information provided does not show an appealable order and given until December 3, 2001 to amend the information to show the jurisdiction of the Court. Appellant was further notified that his failure to timely provide such information would result in the dismissal of this appeal.

As of December 12, 2001, Appellant has not responded to this Court's notice. Because Appellant has failed to present an order properly invoking this Court's jurisdiction, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 26.2, 44.3.

Opinion delivered December 19, 2001.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

 
(DO NOT PUBLISH)