NO. 12-13-00007-CR

 

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 

sentence 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 found 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 

imposed or within ninety days after that date if a timely motion for new trial is filed. TEX. R. APP.

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 have 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, and 
2

this court has no jurisdiction 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 TEX. R. APP. 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 January 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 time to file his notice of appeal and dismiss the appeal for want of jurisdiction. 

See TEX. R. APP. P. 42.3(a).

Opinion delivered January 16, 2013.

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