Tracy Cook-Pizzi v. Amy Harris ( 2003 )

NO. 07-03-0147-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

APRIL 4, 2003

______________________________



TRACY COOK-PIZZI, APPELLANT

V.

AMY HARRIS, APPELLEE



_________________________________

FROM THE COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY;

NO. 99-587,916; HONORABLE PAULA LANEHART, JUDGE

_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellant Tracy Cook-Pizzi, filed an Appellant's Motion to Dismiss on March 21, 2003, averring that she no longer wished to prosecute this appeal. The Motion also indicates that appellee does not object to this dismissal.

Without passing on the merits of the case, the appellant's motion for dismissal is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.1. All costs having been

paid, no order pertaining to the costs is made. Having dismissed the appeal at the appellant's request, and appellee having no objection, a motion for rehearing will not be entertained and our mandate will issue forthwith.

Phil Johnson

Chief Justice

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NO.  07-10-0094-CR

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                     PANEL D

                                                                APRIL  26, 2010

                                            ______________________________

                                              FRANCISCO M. RODRIGUEZ, JR.,

                                                                                                            Appellant

                                                                             v.

                                                         THE STATE OF TEXAS

                                                                                                            Appellee

                                         _________________________________

                     FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;

                           NO. 2008-420,828; HON. CECIL PURYEAR, PRESIDING

                                           _______________________________

Memorandum Opinion

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Francisco M. Rodriguez, Jr. (appellant) appeals his conviction for aggravated sexual assault.  By letter dated April 5, 2010, we informed him that his notice of appeal was untimely. We also afforded him until April 15, 2010, to provide us with any information he could to assist us in determining whether we had jurisdiction over the appeal.  In response, appellant moved for an extension of time to file his notice of appeal.  We dismiss the appeal for want of jurisdiction. 

To be timely, a notice of appeal must be filed within 30 days after the sentence is imposed or suspended in open court or within 90 days after that date if a motion for new trial is filed.  Tex. R. App. P. 26.2(a).  In the case at bar, appellant was sentenced on October 27, 2009.  The latest date upon which the notice could have been timely filed at bar, assuming that a motion for new trial was filed properly, approximated January 25, 2010.  However, appellant filed his notice on March 30, 2010.  Thus, it was late. Furthermore, the time to seek an extension of the deadline lapsed as well.  Tex. R. App. P. 26.3 (allowing for the extension of time to file a notice of appeal, “if within 15 days after the deadline for filing the notice of appeal, the party:  (a) files in the trial court the notice of appeal; and (b) files in the appellate court a motion complying with Rule 10.5(b)).” 

            A timely filed notice of appeal is essential to invoke our appellate jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).  If it is untimely, we can take no action other than to dismiss the proceeding.  Id. at 523. Appellant's notice and motion to extend time to file notice being untimely, we have no jurisdiction over the matter, deny the requested extension, and dismiss the appeal.

            Accordingly, appellant’s appeal is dismissed.                                                                                                                                                                                       

                                                                                    Brian Quinn

                                                                                    Chief Justice

Do not publish.