Ricky L. Zedlitz v. State ( 2007 )

                                        NO. 12-07-00291-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RICKY L. ZEDLITZ,            §          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 aggravated sexual assault of a child, and punishment was imposed in open court on January 16, 2007. Appellant’s notice of appeal was due on February 15, 2007.   See Tex. R. App. P. 26.2(a)(2).  However, Appellant filed his notice of appeal on August 2, 2007.

            On August 6, 2007, this court notified Appellant, pursuant to Texas Rule of Appellate Procedure 37.2, that his notice of appeal was untimely and there was no timely motion for an extension of time to file the notice of appeal as permitted by Rule 26.3 Appellant was further notified that the appeal would be dismissed unless, on or before August 16, 2007, the information received in the appeal was amended to show this court's jurisdiction.

            Appellant responded to our August 6, 2007 notice by filing a motion for extension of time to file his notice of appeal.  He alleged, in part, in his motion for extension of time that he filed a timely motion for new trial, thereby extending the time for filing his notice of appeal.  Rule 26.2(a)(2) provides that when a motion for new trial is filed, the notice of appeal must be filed within ninety days of the day sentence is imposed or suspended in open court.  Because Appellant's sentence was imposed on January 16, 2007, a timely motion for new trial would have extended the time for filing his notice of appeal to April 16, 2007.  However, his notice of appeal was not filed until August 2, 2007, more than three months after the extended deadline of April 16, 2007. 

            Appellant’s August 2, 2007 notice of appeal is untimely, which leaves us without jurisdiction over the appeal.  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, Appellant's motion for extension of time to file his notice of appeal is overruled, and this appeal is dismissed for want of jurisdiction.

Opinion delivered August 15, 2007.

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

(DO NOT PUBLISH)