Kevin Stansberry v. State ( 2006 )

COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

KEVIN STANSBERRY,                                      )

                                                                              )     No.  08-06-00042-CR

Appellant,                          )

                                                                              )                    Appeal from the

v.                                                                           )

                                                                              )                 41st District Court

THE STATE OF TEXAS,                                     )

                                                                              )     of El Paso County, Texas

Appellee.                           )

                                                                              )     (TC# 20020D01621)

                                                                              )

O P I N I O N

This is an attempted appeal from a conviction for the offense of possession of child pornography.  The issue before us is whether Appellant timely filed his notice of appeal.  We conclude that he did not and dismiss the attempted appeal for want of jurisdiction.

Appellant plead guilty to the offense and the trial court assessed Appellant=s sentence at 3 years= imprisonment on December 9, 2005.  Applicant did not file a motion for a new trial.  Appellant claims that he filed his notice of appeal in the trial court on December 9, 2005.  However, the notice of appeal in the trial court was filed March 6, 2006.  In the notice of appeal, Appellant asserts that he is specifically appealing the denial of his pretrial motion to suppress, which was denied by order on September 30, 2004.

A timely notice of appeal is necessary to invoke the jurisdiction of this Court.  Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); see also Tex.R.App.P. 26.2(a).  Because Appellant failed to file his notice of appeal within the time period specified in Tex.R.App.P. 26.2(a)(1) and failed to file a motion for extension of time.  See Tex.R.App.P. 26.3, 10.5(b)(2).  Therefore, Appellant failed to perfect this appeal.  Accordingly, we dismiss the appeal for want of jurisdiction.

April 13, 2006

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)