Tajuan Lamar Harris v. the State of Texas

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-23-00264-CR

TAJUAN LAMAR HARRIS, Appellant

v.

THE STATE OF TEXAS, Appellee

From the County Court at Law Navarro County, Texas

Trial Court No. C41835-CR

MEMORANDUM OPINION

Tajuan Lamar Harris appeals his conviction for manufacture/delivery of a controlled substance, over four grams but less than 200 grams. See TEX. HEALTH & SAFETY CODE § 481.112(a),(d). According to the judgment, Harris’s sentence was imposed on April 14, 2023. Harris's notice of appeal was due May 15, 2023. See TEX. R. APP. P. 26.2(a)(1). Thus, it's filing on August 24, 2023, is untimely. Id.; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (“A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended in open court….”).

We have no jurisdiction of an untimely appeal. Olivo, 918 S.W.2d at 522 (no appellate jurisdiction where notice of appeal is untimely). Accordingly, this appeal is dismissed. See id. at 523.

TOM GRAY

Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed September 14, 2023 Do not publish [CR25]

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