Opinion issued January 19, 2012.
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-09-01124-CR
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CLAYTON ERIC CLAFLIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 1
Galveston County, Texas
Trial Court Cause No. 294892
MEMORANDUM OPINION
Appellant Clayton Eric Claflin attempts to appeal the trial court’s judgment signed November 9, 2009 finding appellant guilty of criminal trespass. Appellant filed his notice of appeal on December 10, 2009, one day beyond the deadline to file a notice of appeal. This appeal was previously abated.
In criminal cases, the notice of appeal must be filed either within 30 days after the day the sentence is imposed, or within 90 days after sentencing if defendant timely files a motion for new trial. See Tex. R. App. P. 26.2(a). A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. 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.
Although appellant’s notice of appeal was filed within fifteen days after the deadline, no motion for extension of time was filed. See Tex. R. App. P. 26.3. In a criminal case, a late notice of appeal will not invoke our jurisdiction unless a motion for extension of time is also filed within 15 days of the last day for filing the notice of appeal. See Olivo 918 S.W.2d at 522. Here, no motion for extension of time was filed.
Because the notice of appeal in this case was untimely, we have no basis for jurisdiction over this appeal. Accordingly, we reinstate and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.
Do not publish. Tex. R. App. P. 47.2(b).