NO. 12-07-00066-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
THOMAS MIDDLETON, § APPEAL FROM THE 258TH
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
THE STATE OF TEXAS,
APPELLEE § TRINITY COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of jurisdiction. Appellant was convicted of the offense of murder, and punishment was imposed in open court on November 13, 2006. Under rule of appellate procedure 26.2(a), unless Appellant timely filed a motion for new trial, his notice of appeal was due to have been filed "within 30 days after the day sentence [was] imposed or suspended in open court.” Appellant did not file a motion for new trial. Consequently, Appellant’s notice of appeal was due on December 13, 2006. See Tex. R. App. P. 26.2(a)(1). However, Appellant filed his notice of appeal on February 9, 2007.
Appellant’s February 9, 2007 notice of appeal is untimely, which leaves us without jurisdiction over the appeal. Furthermore, this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Consequently, this appeal is dismissed for want of jurisdiction.
Opinion delivered May 2, 2007.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)