Mamie Esther Maddox v. State

• Court: Court of Appeals of Texas
• Decided: April 18, 2007
• Docket: 12-07-00083-CR
• Status: Published

Opinion

                                        NO. 12-07-00083-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MAMIE ESTHER MADDOX,         §          APPEAL FROM THE 7TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of the offense of felony driving while intoxicated and sentenced to imprisonment for ten years, probated for eight years.  On June 9, 2006, Appellant's probation was revoked, and she was sentenced to six years of imprisonment.  Appellant did not file a motion for new trial.  Consequently, Appellant’s notice of appeal was due on July 10, 2006.  See Tex. R. App. P. 26.2(a) (notice of appeal must be filed within thirty days after day sentence is imposed where no motion for new trial is filed).  However, Appellant filed her notice of appeal on  July 12, 2006.

            On March 28, 2007, pursuant to Texas Rules of Appellate Procedure 37.2 and 44.3, this court notified Appellant that the information received in this appeal did not show the jurisdiction of the court in that the notice of appeal was not timely and there was no timely motion for new trial.  Appellant was further informed that unless the information was amended before April 9, 2007 to show the jurisdiction of this court, the appeal would be dismissed.  The deadline has now passed, and Appellant has neither amended the information filed in the appeal or otherwise responded to this court’s March 28, 2007 notice.

            Appellant’s notice of appeal is untimely, which leaves us without jurisdiction over the appeal. Furthermore, this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Consequently, this appeal is dismissed for want of jurisdiction.

Opinion delivered April 18, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)