## NO. 12

- 1 3

- 00 0 07

- C R

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOSEPH EARL LOVELY

, § APPEAL FROM THE 3RD

APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS,

APPELLEE § ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of

unlawful possession of a firearm by a felon and sentenced to imprisonment for ten years. His

se ntence was suspended, and he was placed on community supervision for ten years. Later, the

State filed a motion to revoke Appellant’s community supervision, and Appellant pleaded “true”

to two paragraphs of the motion. After a hearing, the trial court fo und that Appellant had violated

the terms of his community supervision, revoked his community supervision, and sentenced him to

imprisonment for ten years.

In a criminal case, the notice of appeal must be filed within thirty days after sentence is

impo sed or within ninety days after that date if a timely motion for new trial is filed. T EX

. R. A PP

.

P. 26.2(a). Appellant’s sentence was imposed on August 24, 2012, and he timely filed a motion

for new trial. Therefore, his notice of appeal was due to hav e been filed no later than November

26, 2012. However, Appellant did not file his notice of appeal until January 8, 2013. Because

Appellant’s notice of appeal was not filed on or before November 26, 2012, it was untimely, and2

this court has no jurisdicti on of the appeal.

Along with his notice of appeal, Appellant also filed a motion for extension of time to file

his notice of appeal. See T EX

. R. A PP

. P. 26.3. According to Rule 26.3, an appellate court may

extend the time to file a notice of appeal if, within fifteen days after the deadline for filing the

notice of appeal, the appealing party files (1) a notice of appeal in the trial court and (2) a motion

for extension of time in the appellate court. See id . Here, the deadline for filing Appellant’s

notice of appeal was November 26, 2012. Therefore, under Rule 26.3, his motion for extension of

time must have been filed not later than December 11, 2012. Because Appellant did not file his

motion until Janua ry 8, 2013, it was untimely and must be overruled.

Because this court is not authorized to extend the time for perfecting an appeal except as

provided by Texas Rules of Appellate Procedure 26.1 and 26.3, we overrule Appellant’s motion

for extension of t ime to file his notice of appeal and dismiss the appeal for want of jurisdiction

.

See T EX

. R. A PP

. P . 42.3(a).

Opinion delivered January 16 , 2013.

Panel consisted of Worthen, Griffith, J., and H oyle, J.

(DO NOT PUBLISH)

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JANUARY 16 , 2013

NO. 12

- 13

- 00007

- CR

JOSEPH EARL LOVELY

, Appellant

V.

THE STATE OF TEXAS

, Appellee

Appeal from the 3rd Judicial District Court

of Anderson County, Texas. (Tr.Ct.No. 29110 )

THIS CAUSE came to be heard on the appellate record; and the same being

considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and

that the appeal should be dismissed.

It is the refore ORDERED, ADJUDGED and DECREED by this court that

this appeal be, and the same is, hereby dismissed for want of jurisdiction ; and that this decision

be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J. , and Hoyle , J.