COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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RODNEY SANCHEZ LOPEZ, No. 08-14-00070-CR
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Appellant, Appeal from
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v. 143rd District Court
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THE STATE OF TEXAS, of Reeves County, Texas
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Appellee. (TC # 13-08-07799-CRR)
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MEMORANDUM OPINION
Rodney Sanchez Lopez attempts to appeal his conviction of possession with intent to
deliver more than four grams but less than 200 grams of cocaine. Finding that Appellant has not
timely filed his notice of appeal or a motion for extension of time, we dismiss the 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). The record before us reflects that sentence was
imposed in open court on January 7, 2014. Appellant did not file a motion for new trial.
Therefore, his notice of appeal was due to be filed on February 6, 2014, thirty days after the date
sentence was imposed in open court. See TEX.R.APP.P. 26.2(a)(1). Appellant filed his notice of
appeal one day late, on February 7, 2014. Pursuant to Rule 26.3, a court of appeals may grant an
extension of time to file notice of appeal if the notice is filed within fifteen days after the last day
allowed and, within the same period, a motion is filed in the court of appeals reasonably
explaining the need for the extension of time. TEX.R.APP. P. 26.3; Olivo, 918 S.W.2d at 522.
Appellant did not file a motion requesting an extension of time pursuant to Rule 26.3. Because
Appellant did not timely file his notice of appeal, he failed to perfect this appeal.
Appellant has filed a motion to dismiss his appeal pursuant to TEX.R.APP.P. 42.2, but the
motion is not in compliance with the requirements of that rule. Given that we lack jurisdiction of
the appeal, we deny Appellant’s motion to dismiss as moot and dismiss the appeal for want of
jurisdiction.
August 6, 2014
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
(Do Not Publish)
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