Christopher Sterling Sims v. State ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00201-CR
Christopher Sterling Sims, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT
NO. 66,168, HONORABLE FANCY H. JEZEK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Christopher Sterling Sims seeks to appeal the trial court’s denial of his
motion for DNA testing. See Tex. Code Crim. Proc. arts. 64.01-05. The trial court signed the order
denying Sims’s motion on February 19, 2014, and the deadline for Sims to perfect his appeal was
March 21, 2014. See Tex. R. App. P. 26.2 (a)(1). However, Sims did not file his notice of appeal
with the trial court until March 28, 2014. See Tex. R. App. P. 25.1 (providing that appeal is
perfected when notice is filed with trial court clerk). On the same day, Sims also filed with the trial
court a motion for extension of time to perfect appeal.
Pursuant to Rule 26.3 of the Texas Rules of Appellate Procedure, this Court may
extend an appellant’s deadline to file his notice of appeal if, within 15 days after the deadline, the
appellant (1) filed a motion to extend time in this Court, and (2) filed a notice of appeal in the trial
court. See Tex. R. App. P. 26.3. A motion for extension of time filed in the trial court is not
effective to extend the time for filing a notice of appeal and does not operate as a motion for
extension of time under Rule 26.3. See Tex. R. App. P. 26.3(b); Moreno v. State, 954 S.W.2d 97,
97 (Tex. App.—San Antonio 1997, no pet.); Jones v. State, 900 S.W.2d 421, 423 (Tex.
App.—Texarkana 1995, no pet.). Sims did not file his motion for extension of time in this Court,
and his notice of appeal was not filed on or before March 21, 2014. As a result, this Court is without
jurisdiction over his appeal. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012) (“If
a notice of appeal is not timely filed, the court of appeals has no option but to dismiss the appeal for
lack of jurisdiction.”). Thus, we dismiss this appeal for want of jurisdiction. See Tex. R. App.
P. 42.3(a).
____________________________________
Scott K. Field, Justice
Before Justices Puryear, Goodwin, and Field
Dismissed for Want of Jurisdiction
Filed: June 12, 2014
Do Not Publish
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