Lisa Tuian Jefferson v. State ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00372-CR
LISA TUIAN JEFFERSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 413th District Court
Johnson County, Texas
Trial Court No. DC-F201800364
MEMORANDUM OPINION
Lisa Tuian Jefferson appeals two judgments rendered on two counts in one trial
court case number. The judgments were rendered, and the sentences were imposed, on
September 17, 2018. Jefferson filed a motion for new trial, however, it was untimely. The
motion for new trial was due on October 17, 2018. See TEX. R. APP. P. 21.4(a). It was filed
on October 18, 2018. Jefferson appears to have calculated the time to file a motion for
new trial from the date the judgment was signed rather than from the date the sentence
was imposed. Id.
Jefferson filed the notice of appeal based upon the extended due date for a notice
of appeal when a motion for new trial is timely filed. See TEX. R. APP. P. 26.2(a)(2).
Because Jefferson’s motion for new trial is untimely, Jefferson’s notice of appeal is
untimely as well. See TEX. R. APP. P. 26.2(a)(1). We have no jurisdiction of an untimely
appeal, and this appeal must be dismissed. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).
Accordingly, this appeal is dismissed.1
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed December 19, 2018
Do not publish
[CR25]
1
A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See TEX.
R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for
discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after
either the day this Court's judgment was rendered or the day the last timely motion for rehearing was
overruled by this Court. See TEX. R. APP. P. 68.2(a).
Jefferson v. State Page 2