Nicky Hayden Bohannon v. The State of Texas--Appeal from 173rd District Court of Henderson County

  NO. 12-07-00056-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

NICKY HAYDEN BOHANNON, APPEAL FROM THE 173RD

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of the offense of manufacture of a controlled substance, and punishment was imposed in open court on November 14, 2006. Thereafter, Appellant filed a motion for new trial on December 15, 2006.

The notice of appeal in a criminal case must be filed within thirty days after sentence is imposed or suspended in open court. Tex. R. App. P. 26.2(a)(1). When a defendant timely files a motion for new trial, the notice of appeal must be filed within ninety days after sentence is imposed or suspended in open court. Tex. R. App. P. 26.2(a)(2). To be timely, a motion for new trial must be filed not later than thirty days after the imposition or suspension of sentence. Tex. R. App. P. 21.4(a). In this case, Appellant's motion for new trial was filed 31 days after his sentence was imposed. Therefore, his motion for new trial was untimely and did not extend the time for filing his notice of appeal. Consequently, Appellant s notice of appeal was due not later than December 14, 2006. See Tex. R. App. P. 26.2(a)(1). However, Appellant filed his notice of appeal on January 29, 2007.

Appellant s January 29, 2007 notice of appeal is untimely, which leaves us without jurisdiction over the appeal. Furthermore, this Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Consequently, this appeal is dismissed for want of jurisdiction.

Opinion delivered February 28, 2007.

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

(DO NOT PUBLISH)