Opinion issued November 1, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00648-CR
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SHURN ROLLE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 248th District Court
Harris County, Texas
Trial Court Cause No. 1285171
MEMORANDUM OPINION
Appellant, Shurn Rolle, pleaded guilty, without an agreed recommendation
from the State, to the offense of assault with a deadly weapon, and the trial court
assessed punishment of confinement for 20 years. Because appellant’s notice of
appeal was untimely filed, we dismiss the appeal for want of jurisdiction.
A notice of appeal must be filed within 30 days after the day the sentence is
imposed or suspended in open court, or 30 days after the trial court enters an
appealable order. TEX. R. APP. P. 26.2(a)(1). The deadline to file a notice of
appeal is extended to 90 days after the day the sentence is imposed or suspended in
open court if the appellant timely filed a motion for new trial. TEX. R. APP. P.
26.2(a)(2). To be considered timely, a motion for new trial must be filed within 30
days after the date the trial court imposes or suspends sentence in open court. TEX.
R. APP. P. 21.4.
The record before us reflects that appellant’s sentence was imposed on
October 7, 2011. Appellant did not file a motion for new trial. Hence, a notice of
appeal was due on or before November 7, 2011. See TEX. R. APP. P. 26.2(a).
Appellant filed her notice of appeal on July 6, 2012.
A notice of appeal that complies with the requirements of Rule 26 is essential
to vest this court with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.
Crim. App. 1998). The court of criminal appeals has expressly held that, without a
timely filed notice of appeal or motion for extension of time, we cannot exercise
jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim.
App. 1996); see also Slaton, 981 S.W.2d at 210.
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Because the notice of appeal in this case was untimely, we have no basis for
jurisdiction over this appeal. See TEX. R. APP. P. 26.2(a). Accordingly, we
dismiss the appeal for want of jurisdiction. We dismiss all pending motions as
moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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