Anthony Deleon, Sr. v. State ( 2006 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00063-CR

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ANTHONY DELEON, SR., Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 354th Judicial District Court

Hunt County, Texas

Trial Court No. 21,888

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Anthony Deleon, Sr., has filed with this Court a motion to extend the time for filing his notice of appeal. According to Deleon's motion, the judgment is dated December 14, 2004.

            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) 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. 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 motion filed does not refer to a motion for new trial having been filed in this case. The last date Deleon could timely file his notice of appeal was January 13, 2005, thirty days after the day, according to his motion, 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.

            Deleon has failed to perfect his appeal. Accordingly, we overrule Deleon's motion for extension of time to file his notice of appeal and dismiss the appeal for want of jurisdiction.

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          April 11, 2006

Date Decided:             April 12, 2006

Do Not Publish 

60;We have jurisdiction to determine whether we have jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

            If a certification showing that the defendant has the right to appeal is not made a part of the appellate record, we must dismiss the case unless the record indicates that an appellant may have the right to appeal. See Dears v. State, 154 S.W.3d 610, 612 (Tex. Crim. App. 2005); Greenwell v. Court of Appeals for the Thirteenth Judicial Dist., 159 S.W.3d 645, 649 (Tex. Crim. App. 2005). Nothing in the record indicates that the certification is in error or that Hughes has a right to appeal.

            We hold that we lack jurisdiction over this appeal, and dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          August 3, 2005

Date Decided:             August 4, 2005

Do Not Publish