Doyle Lee Jackson v. State

11th Court of Appeals

Eastland, Texas

Opinion

Doyle Lee Jackson

            Appellant

Vs.                  No. 11-04-00202-CR – Appeal from Erath County

State of Texas

            Appellee

            Doyle Lee Jackson has filed in this court a pro se motion requesting the suspension of time for filing a notice of appeal. We dismiss the appeal for want of jurisdiction.

            Appellant was convicted of manufacturing a controlled substance and sentenced to confinement for 17 years. The sentence was imposed on April 22, 2004. A motion for new trial was filed.

            Pursuant to TEX.R.APP.P. 26.2(a)(2), appellant’s notice of appeal was due to be filed on or before July 21, 2004, 90 days after the date the sentence was imposed. The clerk of the trial court informed this court on August 26, 2004, that a notice of appeal had not been filed. In order to extend the time for perfecting an appeal, TEX.R.APP.P. 26.3 requires that both the notice of appeal and a motion be filed by August 5, 2004. Appellant filed his motion in this court on August 17, 2004. The motion is untimely.

            Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App.1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App.1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App.1988). Appellant may be able to secure an out-of-time appeal by filing a post-conviction writ pursuant to TEX. CODE CRIM. PRO. ANN. art 11.07 (Vernon Supp. 2004-2005).

            The motion is overruled, and the appeal is dismissed for want of jurisdiction.  

August 31, 2004                                                                     PER CURIAM

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.