Christopher Smith v. State ( 2014 )


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  •                                      COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    CHRISTOPHER SMITH,                                §
    No. 08-14-00126-CR
    Appellant,                   §
    Appeal from the
    v.                                                §
    County Court
    THE STATE OF TEXAS,                               §
    of Crane County, Texas
    Appellee.                    §
    (TC# 8016)
    §
    MEMORANDUM OPINION
    Christopher Smith is attempting to appeal an order revoking his community supervision.
    Finding that Appellant has not timely filed his notice of appeal, we dismiss the appeal for want
    of jurisdiction.
    A timely notice of appeal is necessary to invoke this Court’s jurisdiction. Olivo v. State,
    
    918 S.W.2d 519
    , 522 (Tex.Crim.App. 1996). The information provided to the Court reflects that
    the trial court entered the order revoking Appellant’s community supervision on February 27,
    2014. Appellant did not file a motion for new trial. Therefore, his notice of appeal was due to
    be filed no later than March 29, 2014, a Saturday. See TEX.R.APP.P. 26.2(a)(1). Pursuant to
    Rule 4.1, the due date was extended to Monday, March 31, 2014.                        TEX.R.APP.P.
    4.1(a)(providing that if the last day of a period falls on a weekend or a legal holiday, the period
    extends to the next day that is not a Saturday, Sunday, or legal holiday). Appellant filed his
    notice of appeal one day late on April 1, 2014. Pursuant to Rule 26.3, a court of appeals may
    grant an extension of time to file a notice of appeal if the notice is filed within fifteen days after
    the last day allowed, and within the same period, a motion is filed with the court of appeals
    reasonably explaining the need for the extension of time. TEX.R.APP.P. 26.3; 
    Olivo, 918 S.W.2d at 522
    . That motion was due to be filed no later than April 13, 2014. When a notice of appeal is
    filed within the fifteen-day period but no timely motion for extension of time is filed, the
    appellate court lacks jurisdiction of the appeal. 
    Olivo, 918 S.W.2d at 522
    . Accordingly, we
    dismiss the appeal for lack of jurisdiction.
    GUADALUPE RIVERA, Justice
    May 23, 2014
    Before McClure, C.J., Rivera, and Rodriguez, JJ.
    (Do Not Publish)
    -2-
    

Document Info

Docket Number: 08-14-00126-CR

Filed Date: 5/23/2014

Precedential Status: Precedential

Modified Date: 10/16/2015