Amanda Sue Hobgood v. State

NO. 07-02-0426-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

DECEMBER 31, 2002

______________________________

AMANDA S. HOBGOOD, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 140 TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2001-438167; HONORABLE JIM BOB DARNELL, JUDGE

_______________________________

Before REAVIS and JOHNSON, JJ., and BOYD, S.J. ^{(footnote: 1)}

Appellant Amanda Sue Hobgood appeals a conviction for manufacture/delivery of a controlled substance.  We dismiss for want of jurisdiction.

BACKGROUND

Amanda Sue Hobgood was convicted of manufacture/delivery of a controlled substance, to wit: methamphetamine PG1 less than 200 grams but at least 4 grams.  On September 6, 2002, she was sentenced to 17 years in the Texas Department of Criminal Justice-Institutional Division.  On October 8, 2002, she filed a notice of appeal.

LAW

In a criminal case, appeal is perfected by timely filing a notice of appeal.   Tex. R. App. P. 25.2(a). ^{(footnote: 2)}  The notice of appeal must be filed within 30 days after the day sentence is imposed or after the day the trial court enters an appealable order, unless a timely motion for new trial is filed. TRAP  26.2(a).  A motion for new trial may be filed by a criminal defendant no later than 30 days after the date sentence is imposed in open court.   TRAP 21.4(a).  The time for filing a notice of appeal may be extended for 15 days under certain circumstances. TRAP 26.3.  If the time for filing a notice of appeal is to be extended, both a notice of appeal and a motion for extension of time which complies with TRAP 10.5(b) must be filed within the 15 day period.  TRAP 26.3;   Olivo v. State , 918 S.W.2d 519, 523-25 (Tex.Crim.App. 1996).  

An untimely-filed notice of appeal will not invoke the jurisdiction of the court of appeals.   See State v. Riewe , 13 S.W.2d 408, 411 (Tex.Crim.App. 2000).  Thus, if an appeal is not timely perfected, a court of appeals does not have jurisdiction to address the merits of the appeal, and can take no action other than to dismiss the appeal.   Slaton v. State , 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo , 918 S.W.2d at 523-25.

ANALYSIS AND CONCLUSION

Appellant’s notice of appeal was not timely filed.  A motion to extend time to file the notice of appeal was not filed.  Accordingly, this court does not have jurisdiction over the appeal.   Slaton , 981 S.W.2d at 210; Olivo , 918 S.W.2d at 523.  

The appeal is dismissed for want of jurisdiction.   TRAP 39.8, 40.2, 43.2.

Phil Johnson

   Justice

Do not publish.

FOOTNOTES

1:

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.  

2:

Further references to a Rule of Civil Procedure will be by reference to “TRAP ____.”