Robert Connell Morgan v. State ( 2006 )

Opinion filed July 20, 2006

Opinion filed July 20, 2006

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                                          No. 11-06-00176-CR

                                                    __________

                            ROBERT CONNELL MORGAN, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                        On Appeal from the 132nd District Court

                                                          Scurry County, Texas

                                                     Trial Court Cause No. 8953

                                                                   O P I N I O N

The jury convicted Robert Connell Morgan of the unauthorized use of a motor vehicle. Pursuant to a plea bargain agreement, the trial court assessed his punishment at confinement for two years in a state jail facility.  The trial court imposed the sentence in open court on January 17, 2006. A motion for new trial was not filed. Appellant filed his notice of appeal with the clerk of the trial court on June 7, 2006.  We dismiss the appeal for want of jurisdiction.

Tex. R. App. P. 26.2(a)(1) provides that the notice of appeal must be filed within thirty days of the date the sentence is imposed in open court.  In order to extend the time to perfect an appeal, appellant must comply with Tex. R. App. P. 26.3.

Appellant filed his notice of appeal 141 days after the date his sentence was imposed in open court.  In response to our letter asking appellant to show grounds for continuing this appeal, both appellant and his trial counsel have responded to our letter dated June 29, 2006, that asked appellant to show grounds for continuing this appeal.

Counsel states in his letter that he was unaware of appellant=s desire to appeal until he received this court=s June 29 letter, that appellant had waived his right to appeal as a condition of his plea bargain agreement, and that appellant had never informed counsel that he wished to revoke his waiver. Appellant states that he made attempts to contact his trial counsel, that he sent a message through one of trial counsel=s other clients, and that he was placed on lock down for thirty days while he was in the Scurry County Jail.

Absent a timely notice of appeal or compliance with Rule 26.3, this court does not have jurisdiction to entertain an appeal.  Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988).  Appellant=s notice of appeal was not timely filed, and a proper motion for extension of time was not filed.

Therefore, the appeal is dismissed for want of jurisdiction.

PER CURIAM

July 20, 2006

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.