In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00226-CR
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WILLIE D. HUBBARD JR., Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 13-03-03070 CR
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MEMORANDUM OPINION
On May 9, 2014, Willie D. Hubbard Jr. filed a notice of appeal from a
sentence imposed on January 30, 2014. We notified the parties that the notice of
appeal did not appear to have been timely filed. On May 30, 2014, the appellant
filed a motion for extension of time to file notice of appeal.
Hubbard filed a motion for new trial within thirty days of sentencing;
therefore, his notice of appeal was due April 30, 2014. See Tex. R. App. P.
26.2(a)(2). The trial court signed an order granting the motion for new trial, but
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subsequently set aside the order because the order had not been signed before the
motion for new trial was overruled by operation of law. See State v. Bates, 889
S.W.2d 306, 310 (Tex. Crim. App. 1994). Hubbard filed a notice of appeal within
fifteen days after the deadline for filing a notice of appeal, but his motion for
extension of time was filed late. See Tex. R. App. P. 26.3. “When a notice of
appeal, but no motion for extension of time, is filed within the fifteen-day period,
the court of appeals lacks jurisdiction to dispose of the purported appeal in any
manner other than by dismissing it for lack of jurisdiction.” Olivo v. State, 918
S.W.2d 519, 523 (Tex. Crim. App. 1996); Freeman v. State, 330 S.W.3d 922, 922
(Tex. App.—Beaumont 2011, no pet.). We deny the appellant’s motion for
extension of time to file notice of appeal and dismiss the appeal for lack of
jurisdiction.
APPEAL DISMISSED.
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CHARLES KREGER
Justice
Opinion Delivered June 25, 2014
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
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