Charles Anison Rogers, Jr. v. State ( 2006 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00145-CR

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CHARLES ANISON ROGERS, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 8th Judicial District Court

Franklin County, Texas

Trial Court No. F7887

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Charles Anison Rogers, Jr., appeals from his conviction for possession of a controlled substance with intent to deliver. See Tex. Health & Safety Code Ann. § 481.112(c) (Vernon 2003). His sixty-year sentence was imposed March 23, 2006. Rogers timely filed a motion for new trial April 21, 2006.

            According to Rule 26.2, after Rogers timely filed his motion for new trial, he had ninety days after the date sentence was imposed to file a notice of appeal. See Tex. R. App. P. 26.2(a)(2). Rogers had until June 21, 2006, to file a notice of appeal. He did not, however, file his notice of appeal until June 28, 2006. No motion for extension of time to file his notice of appeal was filed. See Tex. R. App. P. 26.3. Hence, this appeal is untimely, and we are without jurisdiction to hear this case.

            We dismiss this appeal for want of jurisdiction.

                                                                                                Josh R. Morriss, III

                                                                                                Chief Justice

Date Submitted:          July 31, 2006

Date Decided:             August 1, 2006

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