Miguel Angel Gomez, Jr. v. State ( 2010 )

NO. 07-10-0302-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
SEPTEMBER 14, 2010
______________________________
MIGUEL ANGEL GOMEZ, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_______________________________
FROM THE 211th DISTRICT COURT OF DENTON COUNTY;
NO. F-2009-1584-C; HON. L. DEE SHIPMAN, PRESIDING
______________________________
Memorandum Opinion
______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Miguel Angel Gomez, Jr. (appellant) attempts to appeal from an order
adjudicating him guilty of burglarizing a habitation. He was sentenced in open court on
May 13, 2010, but did not file his notice of appeal until June 21, 2010. By letter dated
July 26, 2010, we informed appellant that it appeared his notice of appeal was untimely
and granted him opportunity to provide us with information to determine whether we
have jurisdiction over the appeal. Appellant responded by telling us that his sentencing
hearing was postponed until June 16, 2010, and therefore, his sentence was
pronounced on that day. Both the reporter’s record and clerk’s record belie the
contention, however, and actually reveal that sentence was pronounced on May 13th.
A timely notice of appeal is necessary to invoke our jurisdiction. Olivo v. State,
918 S.W.2d 519, 522 (Tex. Crim. App. 1996). To be timely, it must be filed within 30
days after sentence was pronounced in open court, unless a timely motion for new trial
was filed. TEX. R. APP. P. 26.2. Such a motion also must be filed within 30 days of the
oral pronouncement of sentence. TEX. R. APP. P. 21.4. While a motion for new trial was
filed here, that was not done until June 21, 2010, or more than 30 days after sentence
was orally pronounced in open court. Furthermore, appellant did not move to extend
the deadline for tendering his notice of appeal. So, we have no jurisdiction over the
matter.
Accordingly, the appeal is dismissed for want of jurisdiction.1
Brian Quinn
Chief Justice
Do not publish.
1
Appellant may petition the Court of Criminal Appeals under article 11.07 of the Code of Criminal
Procedure for leave to initiate a belated appeal.
2
3