Ryan Jordan Cooley v. State ( 2011 )

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00221-CR

                                                ______________________________

                                  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.

            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

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