Kennedy Kenechukwu Oguchi v. State ( 2019 )

Opinion issued September 26, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00117-CR
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KENNEDY KENECHUKWU OGUCHI, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2
Fort Bend County, Texas
Trial Court Case No. 17-CCR-194938
MEMORANDUM OPINION
Appellant is attempting to appeal from his conviction for the misdemeanor
offense of possession of a controlled substance. The State filed a motion to dismiss
this appeal for lack of jurisdiction, asserting that the notice of appeal was not timely
filed. Appellant did not respond to this motion. We dismiss.
In a criminal case, the notice of appeal must be filed within thirty days after
sentence is imposed if no timely motion for new trial is filed. See TEX. R. APP. P.
26.2(a)(1). If a timely motion for new trial is filed, the notice of appeal must be filed
within ninety days after the sentence is imposed. See TEX. R. APP. P. 26.2((a)(2). A
motion for new trial is due within thirty days after the trial court imposes sentence.
See TEX. R. APP. P. 21.4(a).
The sentence in this case was imposed on October 5, 2018. A motion for new
trial was timely filed on November 5, 2018. Because appellant filed a timely motion
for new trial, the deadline for filing the notice of appeal was extended to ninety days
after the sentence was imposed, or until January 3, 2019. The notice of appeal was
not filed until February 5, 2019.
Because the notice of appeal was not timely filed, this Court lacks jurisdiction
over the appeal. See Slaton v. State, 981 S.W.2d 208, 209 (Tex. Crim. App. 1998);
Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Accordingly, we grant
the State’s motion.
We dismiss this appeal for lack of jurisdiction. Any pending motions are
dismissed as moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
Do not publish. TEX. R. APP. P. 47.2(b).
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