In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-05-00171-CR
______________________________
LOYCE GASSAWAY, Appellant
Â
V.
Â
THE STATE OF TEXAS, Appellee
                                             Â
On Appeal from the 354th Judicial District Court
Hunt County, Texas
Trial Court No. 22,504
                                                Â
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION
          Appellant, Loyce Gassaway, has filed with this Court a motion to dismiss his appeal. The motion is signed by himself and by his counsel in compliance with Tex. R. App. P. 42.2(a). In addition, both Gassaway and his attorney filed affidavits affirming that the facts alleged in the motion are true. As authorized by Tex. R. App. P. 42.2, we grant his motion. See Tex. R. App. P. 42.2.
          Accordingly, we dismiss the appeal.
Â
                                                                           Donald R. Ross
                                                                           Justice
Date Submitted:Â Â Â Â Â Â August 29, 2005
Date Decided:Â Â Â Â Â Â Â Â Â August 30, 2005
Do Not Publish
d="false" Priority="67" SemiHidden="false" UnhideWhenUsed="false" Name="Medium Grid 1"/>
|
Â
Â
Â
Â
Â
Â
Â
Â
Â
In The
Court of Appeals
                       Sixth Appellate District of Texas at Texarkana
Â
                                               ______________________________
Â
                                                            No. 06-11-00151-CR
                                               ______________________________
Â
Â
                                BENJAMIN CHASE CAPPS, Appellant
Â
                                                               V.
Â
                                    THE STATE OF TEXAS, Appellee
Â
Â
                                                                                                 Â
Â
Â
                                      On Appeal from the 188th Judicial District Court
                                                            Gregg County, Texas
                                                         Trial Court No. 39,504-A
Â
                                                                                                 Â
Â
Â
Â
                                         Before Morriss, C.J., Carter and Moseley, JJ.
                                       Memorandum Opinion by Chief Justice Morriss
                                                     MEMORANDUM OPINION
Â
           Benjamin Chase Capps attempts to appeal his conviction of felony driving while intoxicated. Capps sentence was imposed April 28, 2011. His notice of appeal was filed August 10, 2011. We received the clerkÂs record August 15, 2011. The issue before us is whether Capps timely filed his notice of appeal. We conclude that he did not and dismiss the attempted appeal for want of jurisdiction.
           A timely notice of appeal is necessary to invoke this CourtÂs jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Rule 26.2(a) prescribes the time period in which a notice of appeal must be filed by a defendant in order to perfect appeal in a criminal case.  A defendantÂs notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended in open court, or within ninety days after sentencing if the defendant timely files a motion for new trial. Tex. R. App. P. 26.2(a); Olivo, 918 S.W.2d at 522. The record does not contain a motion for new trial. The last date Capps could timely file his notice of appeal was May 31, 2011, thirty days after the day the sentence was imposed in open court. See Tex. R. App. P. 26.2(a)(1). Further, no motion for extension of time was filed in this Court within fifteen days of the last day allowed for filing the notice of appeal.
           Capps has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
Â
                                                                       Josh R. Morriss, III
                                                                       Chief Justice
Â
Date Submitted:Â Â Â Â Â Â Â Â Â August 17, 2011Â Â Â Â Â Â Â Â
Date Decided:Â Â Â Â Â Â Â Â Â Â Â Â August 18, 2011
Â
Do Not Publish         Â
Â
Â
Â
Â
Â
Â
Â