DocketNumber： 11-08-00179-CR
Filed Date： 7/17/2008
Status： Precedential
Modified Date： 9/10/2015
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Opinion filed July 17, 2008
In The
Eleventh Court of Appeals
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No. 11-08-00179-CR
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JAMES BRYAN HANSON, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 104th District Court
Taylor County, Texas
Trial Court Cause No. 16317B
M E M O R A N D U M O P I N I O N
The trial court convicted James Bryan Hanson, upon his plea of guilty, of aggravated assault. A plea bargain agreement was not entered. The trial court assessed his punishment at confinement for twenty years. Appellant waived his rights to a presentence investigation report and to appeal the issue of his guilt. We dismiss the appeal for want of jurisdiction.
The trial court imposed the sentence in open court on February 22, 2008. A motion for new trial was timely filed on March 11, 2008. The trial court scheduled a hearing on the motion for new trial and signed an order denying the motion on April 1, 2008. Appellant filed his notice of appeal on June 13, 2008, 112 days after the date the sentence was imposed.
On June 19, 2008, the clerk of this court wrote the parties explaining that it appeared the notice of appeal was not timely filed and directing appellant to respond showing grounds for continuing the appeal. On July 7, 2008, appellant filed in this court a motion to extend the time to file his notice of appeal.
Pursuant to Tex. R. App. P. 25.2 and 26.2(a), appellant=s notice of appeal was due to be filed within ninety days from the date sentence was imposed in open court for this appeal to have been timely perfected. Tex. R. App. P. 26.3 permits the appellate court to grant an extension only if the motion is filed in the appellate court within fifteen days of the original due date and if the notice of appeal is filed with the clerk of the trial court within the same fifteen days. Neither of the requirements of Rule 26.3 have been met. 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. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988).
The motion for extension of time is overruled, and the appeal is dismissed. Appellant may be able to secure an out-of-time appeal by filing a postconviction writ pursuant to Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2007).
PER CURIAM
July 17, 2008
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.