Thomas Middleton v. State

• Court: Court of Appeals of Texas
• Decided: May 2, 2007
• Docket: 12-07-00066-CR
• Status: Published

Opinion

                                        NO. 12-07-00066-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

THOMAS MIDDLETON,    §          APPEAL FROM THE 258TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          TRINITY COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of the offense of murder, and punishment was imposed in open court on November 13, 2006.  Under rule of appellate procedure 26.2(a), unless Appellant timely filed a motion for new trial, his notice of appeal was due to have been filed "within 30 days after the day sentence [was] imposed or suspended in open court.”  Appellant did not file a motion for new trial.  Consequently, Appellant’s notice of appeal was due on December 13, 2006.  See Tex. R. App. P. 26.2(a)(1).  However, Appellant filed his notice of appeal on February 9, 2007.

            Appellant’s February 9, 2007 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); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).  Consequently, this appeal is dismissed for want of jurisdiction.

Opinion delivered May 2, 2007.

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

(DO NOT PUBLISH)