Jacqueline K. Price v. The State of Texas--Appeal from 392nd District Court of Henderson County

NO. 12-07-00128-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JACQUELINE K. PRICE, APPEAL FROM THE 392ND

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 aggravated assault of a peace officer. Sentence was imposed on March 7, 2005.

Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. Id. Appellant did not timely file a motion for new trial.1 Therefore, her notice of appeal was due to have been filed on or before April 6, 2005. However, Appellant did not file her notice of appeal until April 2, 2007. Nor did Appellant timely file a motion for extension of time to file her notice of appeal as permitted by Texas Rule of Appellate Procedure 26.3.

On April 3, 2007, this court notified Appellant, pursuant to Rules 26.2 and 37.2, that the clerk s record did not show the jurisdiction of this court, and it gave her until April 13, 2007 to correct the defect. On April 12, 2007, Appellant filed a motion for extension of time to file her notice of appeal, explaining that she had instructed her attorney to file an appeal, but the attorney did not do so. However, Appellant did not furnish information showing the jurisdiction of this court. The court of criminal appeals has exclusive jurisdiction in a felony case to grant an out of time appeal. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005). Because this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeal must be dismissed. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, Appellant s motion for extension of time is overruled and the appeal is dismissed for want of jurisdiction.

Opinion delivered May 9, 2007.

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

(DO NOT PUBLISH)

1 Appellant filed a motion for new trial on April 5, 2006. In a criminal case, a motion for new trial must be filed not later than thirty days after the imposition of sentence. Tex. R. App. P. 21.4(a). Appellant filed her motion for new trial more than one year after the trial court imposed sentence. Therefore, her motion for new trial was untimely and did not extend the appellate deadlines.