Herbert Evans v. State

• Court: Court of Appeals of Texas
• Decided: November 14, 2012
• Docket: 08-12-00274-CR
• Status: Published

Opinion

                                                           COURT OF APPEALS

                                                   EIGHTH DISTRICT OF TEXAS

                                                              EL PASO, TEXAS

HERBERT EVANS,                                     Appellant, v. THE STATE OF TEXAS,                                     Appellee.	'	No. 08-12-00274-CR                          Appeal from 409th District Court of El Paso County, Texas (TC # 20110D03481)

                                                     MEMORANDUM OPINION

            Herbert Evans is attempting to appeal his convictions of possession of child pornography with intent to promote (Count I) and possession of child pornography (Counts II through XXIV).  We dismiss the appeal for want of jurisdiction.

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).  The trial court imposed sentence in open court on Counts I through XXIV on December 20, 2011.  Appellant did not file a motion for new trial.  Therefore, his notice of appeal was due to be filed on January 19, 2012, thirty days after the date sentence was imposed in open court.  See Tex.R.App.P. 26.2(a)(1).  Appellant did not file his notice of appeal until August 23, 2012.  Consequently, he failed to perfect this appeal.  We dismiss the appeal for want of jurisdiction.

November 14, 2012                            _______________________________________________

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rivera, and Antcliff, JJ.

(Do Not Publish)