Garland J. Lang v. State of Texas

• Court: Court of Appeals of Texas
• Decided: January 8, 2001
• Docket: 07-00-00566-CR
• Status: Published

Opinion

GARLAND J. LANG V. STATE OF TEXAS

NO. 07-00-0566-CR  

IN THE COURT OF APPEALS  

FOR THE SEVENTH DISTRICT OF TEXAS  

AT AMARILLO  

PANEL B  

JANUARY 8, 2001  

______________________________  

GARLAND J.  LANG,

Appellant

v.  

THE STATE OF TEXAS,

Appellee

_________________________________  

FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;  

NO. 97-425,620; HON. BRADLEY UNDERWOOD, PRESIDING   

_______________________________  

Before BOYD, C.J., and QUINN and JOHNSON, JJ.

Garland J. Lang, appellant, attempts to appeal his conviction for delivery of a controlled substance.  The trial court sentenced appellant on June 25, 1998.  His notice of appeal, however, was filed on December 21, 2000, approximately two and one-half years after sentencing.  We dismiss the appeal for want of jurisdiction.      

A timely notice of appeal is necessary to invoke the court of appeal’s jurisdiction.   Olivo v. State , 918 S.W.2d 519, 522 (Tex.Crim.App. 1996).   To be timely, it must be filed

within either 30 or 90 days of the date sentence is pronounced in open court.   Tex. R. App. P . 26.2 (a).   Having been filed long after both periods lapsed, the notice at bar fails to invoke our jurisdiction.  Therefore, we dismiss the appeal for the want of jurisdiction.

                                         Brian Quinn

  Justice

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