Ryan Jordan Cooley v. State ( 2011 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-11-00221-CR
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RYAN JORDAN COOLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Trial Court No. 39177-B
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Ryan Jordan Cooley attempts to appeal his adjudication of delivery of marihuana in a
drug-free zone. Cooley’s sentence was imposed September 1, 2011. His notice of appeal was
filed October 14, 2011. We received the clerk’s record November 14, 2011. The issue before us
is whether Cooley timely filed his notice of appeal. We conclude that he did not and dismiss the
attempted 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). Rule 26.2(a) of the Texas Rules of Appellate
Procedure prescribes the time period in which a notice of appeal must be filed by a defendant in
order to perfect appeal in a criminal case. See TEX. R. APP. P. 26.2(a). A defendant’s notice of
appeal is timely if filed within thirty days after the day sentence is imposed or suspended in open
court, or within ninety days after sentencing if the defendant timely files a motion for new trial.
TEX. R. APP. P. 26.2(a); Olivo, 918 S.W.2d at 522. The record does not contain a motion for new
trial. The last date Cooley could timely file his notice of appeal was October 3, 2011, thirty days
after the day the sentence was imposed in open court. See TEX. R. APP. P. 26.2(a)(1). Further, no
motion for extension of time was filed in this Court within fifteen days of the last day allowed for
filing the notice of appeal.
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Cooley has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of
jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: December 6, 2011
Date Decided: December 7, 2011
Do Not Publish
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