Amanda Sue Hobgood v. State

NO. 07-02-0426-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E DECEMBER 31, 2002 ______________________________ AMANDA S. HOBGOOD, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 140 TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2001-438167; HONORABLE JIM BOB DARNELL, JUDGE _______________________________ Before REAVIS and JOHNSON, JJ., and BOYD, S.J. (footnote: 1) Appellant Amanda Sue Hobgood appeals a conviction for manufacture/delivery of a controlled substance. We dismiss for want of jurisdiction. BACKGROUND Amanda Sue Hobgood was convicted of manufacture/delivery of a controlled substance, to wit: methamphetamine PG1 less than 200 grams but at least 4 grams. On September 6, 2002, she was sentenced to 17 years in the Texas Department of Criminal Justice-Institutional Division. On October 8, 2002, she filed a notice of appeal. LAW In a criminal case, appeal is perfected by timely filing a notice of appeal. Tex. R. App. P. 25.2(a). (footnote: 2) The notice of appeal must be filed within 30 days after the day sentence is imposed or after the day the trial court enters an appealable order, unless a timely motion for new trial is filed. TRAP 26.2(a). A motion for new trial may be filed by a criminal defendant no later than 30 days after the date sentence is imposed in open court. TRAP 21.4(a). The time for filing a notice of appeal may be extended for 15 days under certain circumstances. TRAP 26.3. If the time for filing a notice of appeal is to be extended, both a notice of appeal and a motion for extension of time which complies with TRAP 10.5(b) must be filed within the 15 day period. TRAP 26.3; Olivo v. State , 918 S.W.2d 519, 523-25 (Tex.Crim.App. 1996). An untimely-filed notice of appeal will not invoke the jurisdiction of the court of appeals. See State v. Riewe , 13 S.W.2d 408, 411 (Tex.Crim.App. 2000). Thus, if an appeal is not timely perfected, a court of appeals does not have jurisdiction to address the merits of the appeal, and can take no action other than to dismiss the appeal. Slaton v. State , 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo , 918 S.W.2d at 523-25. ANALYSIS AND CONCLUSION Appellant’s notice of appeal was not timely filed. A motion to extend time to file the notice of appeal was not filed. Accordingly, this court does not have jurisdiction over the appeal. Slaton , 981 S.W.2d at 210; Olivo , 918 S.W.2d at 523. The appeal is dismissed for want of jurisdiction. TRAP 39.8, 40.2, 43.2. Phil Johnson Justice Do not publish. FOOTNOTES 1: John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. 2: Further references to a Rule of Civil Procedure will be by reference to “TRAP ____.”