Ex Parte Stewart Hunter Roberts

• Court: Court of Appeals of Texas
• Decided: August 21, 2008
• Docket: 14-08-00575-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 21, 2008

Dismissed and Memorandum Opinion filed August 21, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00575-CR

EX PARTE STEWART HUNTER ROBERTS

On Appeal from the 155th District Court

Austin County, Texas

Trial Court Cause No. 2008V-0013

M E M O R A N D U M   O P I N I O N

Appellant appeals the trial court=s order of March 24, 2008, denying appellant=s application for habeas corpus, claiming further prosecution of appellant was barred by double jeopardy.  Appellant filed a timely motion for new trial.  Appellant=s notice of appeal was  filed on June 20, 2008.  The State filed a motion to dismiss the appeal, claiming that appellant=s notice of appeal was not timely filed.  Appellant has filed no response to the motion.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed or after the trial court enters an appealable order when the defendant has not filed a motion for new trial.  See Tex. R. App. P. 26.2(a)(1).  A notice of appeal may be filed within ninety days after the date sentence is imposed if the defendant files a timely motion for new trial.  See Tex. R. App. P. 26.2(a)(2).  Rule 26.2(a)(2) does not include Aor other appealable order,@ in providing for the extended deadline for filing a notice of appeal.  Thus, when an appellant is appealing an order that does not involve imposition or suspension of a sentence, the notice of appeal must be filed within thirty days of the date of signing of the appealed order.  Ex parte Delgado, 214 S.W.3d 56, 58 (Tex. App.BEl Paso 2006, pet. ref=d).       Appellant=s notice of appeal was not filed within thirty days of the date of signing of the order denying the application for habeas relief.  Accordingly, we can take no action other than to dismiss the appeal.  Id.

We grant the State=s motion and order the appeal dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 21, 2008.

Panel consists of Justices Yates, Anderson, and Brown.

Do Not Publish C Tex. R. App. P. 47.2(b).