Wilton Sonnier v. State ( 1997 )

Wilton Sonnier v. The State of Texas

  IN THE

TENTH COURT OF APPEALS

No. 10-97-311-CR

     WILTON SONNIER,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 12,730

MEMORANDUM OPINION

      On March 23, 1992, Wilton Sonnier pled guilty to aggravated assault on a correctional officer. He was sentenced to ten year's imprisonment. On October 28, 1997, Sonnier filed a notice of appeal.

      A timely notice of appeal is necessary to invoke a court of appeal's jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). In criminal cases, a notice of appeal must be filed within 30 days of the sentence being imposed or within 90 days of that date if the defendant filed a timely motion for new trial. Tex. R. App. P. 26.2. Sonnier's notice of appeal is untimely. Because the appeal was not timely perfected, we lack jurisdiction over the appeal. Olivo, 918 S.W.2d at 522. We therefore dismiss the appeal for want of jurisdiction. See id.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Cummings, and

      Justice Vance

Dismissed for want of jurisdiction

Opinion delivered and filed December 10, 1997

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