James Douglas Harris v. State ( 2007 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00384-CR

James Douglas Harris,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 77th District Court

Limestone County, Texas

Trial Court No. 10960-A

MEMORANDUM  Opinion

Appellant James Douglas Harris was convicted of the felony offense of aggravated perjury, with a 34-year sentence imposed in open court on August 15, 2006.  The trial court signed the judgment of conviction on September 11, 2006.  Appellant’s motion for new trial was filed on September 13, 2006, and his notice of appeal was filed on November 21, 2006.

If a motion for new trial is filed, the notice of appeal must be filed within 90 days after the day sentence is imposed in open court.  Tex. R. App. P. 26.2(a)(2).  Appellant’s notice of appeal was thus due to be filed no later than 90 days after August 15, 2006 (November 13, 2006).  In an Anders brief, Appellant’s counsel concedes that the notice of appeal was untimely.

Because Appellant’s notice of appeal was not timely filed, we lack jurisdiction and dismiss his appeal.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed November 14, 2007

Do not publish