Jeff Martinez v. The State of Texas

We cannot exercise jurisdiction over an appeal without a timely filed notice

of appeal. See TEX. R. APP. P. 26.2(a); see also Castillo v. State, 369 S.W.3d 196,

198 (Tex. Crim. App. 2012); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.

1996). A defendant’s notice of appeal is timely if filed within thirty days after the

date sentence is imposed or suspended in open court or within ninety days after that

date if the defendant timely files a motion for new trial. TEX. R. APP. P. 26.2(a); see

Bayless v. State, 91 S.W.3d 801, 806 (Tex. Crim. App. 2002); Lair v. State, 321

S.W.3d 158, 159 (Tex. App.—Houston [1st Dist.] 2010, pet. ref’d). Here, the trial

court imposed sentence and signed the judgment of conviction on October 24, 2017.

The clerk’s record filed in this Court reflects that appellant timely filed a motion for

new trial on November 21, 2017. See TEX. R. APP. P. 21.4(a). Appellant’s notice of

appeal, therefore, was due to be filed no later than January 22, 2018. See TEX. R.

APP. P. 26.2(a)(2); Olivo, 918 S.W.2d at 522. Appellant’s notice of appeal, filed on

March 6, 2018, was untimely to perfect an appeal of the October 24, 2017 judgment

of conviction, and we have no basis for jurisdiction over the appeal. See Olivo, 918

S.W.2d at 522; Lair, 321 S.W.3d at 159.

Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP.

P. 43.2(f). We dismiss all pending motions as moot.