Melvin Thomas Walton v. State
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Opinion
In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-07-00178-CR
MELVIN THOMAS WALTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Trial Court No. 27295-B
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Melvin Thomas Walton appeals from his conviction on his plea of guilty to the offense of forgery. See Tex. Penal Code Ann. § 32.21(d) (Vernon Supp. 2007). The sentence was imposed September 27, 2007. Walton filed a notice of appeal November 1, 2007.
According to Rule 26.2, Walton had thirty days after the day sentence was imposed to file a notice of appeal, or timely file a motion for new trial and thereby extend his time to file a notice of appeal. See Tex. R. App. P. 26.2(a)(1), 21.4. Walton's motion for new trial was also filed November 1, 2007, and therefore was not timely. Walton had until October 29, 2007, to file a notice of appeal. No motion for extension of time to file his notice of appeal was filed. See Tex. R. App. P. 26.3. Hence, this appeal is untimely, and we are without jurisdiction to hear this case.
We dismiss this appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: January 8, 2008
Date Decided: January 9, 2008
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