Tarsha Simmons v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-08-00099-CR ______________________________



TARSHA SIMMONS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 276th Judicial District Court Morris County, Texas Trial Court No. 9388

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Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

   Tarsha Simmons attempts to appeal the revocation of her community supervision for the underlying offense of driving while intoxicated with a child passenger. See Tex. Penal Code Ann. § 49.045 (Vernon Supp. 2007). Simmons was sentenced to eighteen months' confinement. Her sentence was imposed March 12, 2008. An appeal bond, which we deem to be her notice of appeal, was filed May 2, 2008. We received the clerk's record July 1, 2008. The issue before us is whether Simmons timely filed her notice of appeal. We conclude that she 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) 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 record does not contain any motion for new trial. The last date Simmons could timely file her notice of appeal was April 11, 2008, 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.

Simmons has failed to perfect her appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

Jack Carter

Justice

Date Submitted: July 7, 2008

Date Decided: July 8, 2008

Do Not Publish

iles a motion for new trial. Tex. R. App. P. 26.2(a); Olivo, 918 S.W.2d at 522. The record does not contain any motion for new trial. The last date Carmon could timely file his notice of appeal was October 28, 2005, 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.

            Carmon has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          March 28, 2006

Date Decided:             March 29, 2006

Do Not Publish