Ronald Allen Boaz v. State

• Court: Court of Appeals of Texas
• Decided: July 29, 2009
• Docket: 06-09-00139-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-09-00139-CR

RONALD ALLEN BOAZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th Judicial District Court

Red River County, Texas

Trial Court No. CR00053

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Ronald Allen Boaz filed pro se a notice of appeal on July 1, 2009, appealing from a judgment that imposed his sentence on July 14, 2003.

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). Rule 26.2(a) of the Texas Rules of Appellate Procedure prescribes the time period in which a notice of appeal must be filed by a defendant in order to perfect appeal in a criminal case. A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended in open court, or within ninety days after sentencing if the defendant timely files a motion for new trial. Tex. R. App. P. 26.2(a); Olivo, 918 S.W.2d at 522. No motion for new trial was filed. The last date Boaz could timely file his notice of appeal was August 13, 2003, thirty days after the day the sentence was imposed in open court. See Tex. R. App. P. 26.2(a)(1).

Boaz has failed to perfect his appeal. We dismiss the appeal for want of jurisdiction.

Bailey C. Moseley

Justice

Date Submitted: July 28, 2009

Date Decided: July 29, 2009

Do Not Publish

e="text-align: justify">                                                                        Jack Carter

Date Submitted:          January 24, 2006

Date Decided:             January 25, 2006