DISMISS; and Opinion Filed November 7, 2016.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01137-CR
ANGELA MARIE DODD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-82226-2015
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Fillmore, and Justice Brown
Opinion by Justice Brown
Angela Marie Dodd was convicted of unauthorized use of a vehicle and sentenced to two
years in state jail, probated for four years. She then appealed her conviction to this Court.
Because the record did not reflect a timely notice of appeal, we directed appellant and the State
to file letter briefs regarding our jurisdiction over the appeal. To date, neither has responded.
The record reflects the trial court’s judgment was entered August 10, 2016. No motion
for new trial was filed; therefore, appellant’s notice of appeal was due September 9, 2016. See
TEX. R. APP. P. 26.2(a)(1). Appellant filed her notice of appeal in the trial court on September
20, 2016, after the thirty-day period contemplated by rule 26.2(a)(1) but within the fifteen-day
“grace period” provided by rule 26.3. See TEX. R. APP. P. 26.3. However, appellant did not file
a motion to extend time to file the notice of appeal in this Court; rather, she filed her motion in
the trial court. See TEX. R. APP. P. 26.3(b). If a notice of appeal is filed within the fifteen-day
period provided by rule 26.3 but an extension motion is not filed with this Court, we lack
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); Boyd v. State, 971
S.W.2d 603, 605 (Tex. App. —Dallas 1998, no pet.). Because appellant failed to file her
extension motion with this Court, we must dismiss this appeal for want of jurisdiction.
/Ada Brown/
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
161137F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ANGELA MARIE DODD, Appellant On Appeal from the 296th Judicial District
Court, Collin County, Texas
No. 05-16-01137-CR V. Trial Court Cause No. 296-82226-2015.
Opinion delivered by Justice Brown, Chief
THE STATE OF TEXAS, Appellee Justice Wright and Justice Fillmore
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for lack of
jurisdiction.
Judgment entered this 7th day of November, 2016.
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