Jeno Dewayne Jackson v. State

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-06-00087-CR

______________________________

                           JENO DEWAYNE JACKSON, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

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On Appeal from the 102nd Judicial District Court

Red River County, Texas

Trial Court No. CR00467

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          Jeno Dewayne Jackson attempts to appeal his conviction for aggravated sexual assault of a child. Jackson pled guilty and was sentenced to thirty years' imprisonment. Jackson's sentence was imposed October 25, 2005. His notice of appeal was filed May 8, 2006. We received the clerk's record May 23, 2006, and the supplemental clerk's record containing Jackson's notice of appeal was received May 30, 2006. The issue before us is whether Jackson 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 Court's 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 defendant's 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 any motion for new trial. The last date Jackson could timely file his notice of appeal was November 28, 2005, 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.

          Jackson has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

 

                                                                       Donald R. Ross

                                                                           Justice

Date Submitted:      May 30, 2006

Date Decided:         May 31, 2006

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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-09-00068-CR

                                                ______________________________

 

 

                               JAMES DIXON GRAVES, JR., Appellant

 

                                                                V.

 

                                     THE STATE OF TEXAS, Appellee

 

 

                                                                                                  

 

 

                                        On Appeal from the 76th Judicial District Court

                                                             Morris County, Texas

                                                            Trial Court No. 10,003

 

                                                                                                   

 

 

 

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

                                            Memorandum Opinion by Justice Moseley

                                                     MEMORANDUM  OPINION

 

            James Dixon Graves, Jr., appeals from his conviction by a jury in this cause on one charge of aggravated sexual assault of a disabled individual for which he received a sentence of seventy-five years in the Texas Department of Criminal Justice–Institutional Division to run concurrently with his other convictions.^[1]  Graves has filed a single brief in which he raises issues common to all of his appeals.  He argues that the trial court erred in denying the following:  (1) his motion to suppress the evidence; (2) his request for funds to hire an expert; (3) his request to have the victim examined by the expert as to her disability and competency to testify; and (4) his motion for mistrial.  Graves also complains that the evidence was insufficient to establish that the victim met the definition of “disabled” under the Texas Penal Code. 

            We addressed these issues in detail in our opinion of this date on Graves’s appeal in cause number 06-09-00063-CR.  For the reasons stated therein, we likewise conclude that error has not been shown in this case.

            We affirm the judgment.

 

 

                                                                        Bailey C. Moseley

                                                                        Justice

 

Date Submitted:          February 5, 2010

Date Decided:             February 24, 2010

 

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^[1]Graves appeals from judgments entered in cause numbers 06-09-00063-CR through 06-09-00070-CR.