Bruce Earl Godlock v. State

• Court: Court of Appeals of Texas
• Decided: August 20, 2008
• Docket: 06-08-00179-CR
• Status: Published

Opinion

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

______________________________

No. 06-08-00179-CR ______________________________

BRUCE EARL GODLOCK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court Gregg County, Texas Trial Court No. 36487-B

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

Bruce Earl Godlock attempts to appeal from his conviction for delivery of a controlled

substance. His sentence was imposed June 5, 2008, and no motion for new trial was filed. His

notice of appeal was filed August 13, 2008.1

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) of the Texas Rules of Appellate Procedure

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.

Because no motion for new trial was filed, the last date Godlock could timely file his notice of

appeal was July 7, 2008, thirty days after the day, according to his motion, the sentence was imposed

in open court. See TEX . R. APP . P. 26.2(a)(1); 4.1(b). 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.

1 Counsel filed an "Out of Time Notice of Appeal" on behalf of Godlock. In that notice of appeal, counsel states that Godlock requested and was appointed counsel for appeal on or about June 5, but appointed counsel was not notified by the trial court of the appointment until August 13.

2 Godlock has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of

jurisdiction.

Bailey C. Moseley Justice

Date Submitted: August 19, 2008 Date Decided: August 20, 2008

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