## NO. 12

- 15

- 00098

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

AARON JEROME BOWERS,
APPELLANT

V.

THE STATE OF TEXAS,
APPELLEE §

§

§ APPEAL FROM THE 7 TH

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINI ON
PER CURIAM

This appeal is being dismissed for want of jurisdiction. Following a guilty plea,

Appellant was convicted of burglary of a habitation and sentenced to twenty years of

imprisonment.

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

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

. R. A PP

. P.

26.2(a). Appellant’s sentence was imposed on January 21, 2015, and he did not file a motion for

new trial. Therefore, hi s notice of appeal was due to have been filed no later than February 20,

2015. However, Appellant did not file his notice of appeal until April 16, 2015. Because

Appellant’s notice of appeal was not filed on or before February 20, 2015, it was untimely, and

this court has no jurisdiction of the appeal.

On April 16, 2015, this court notified Appellant, pursuant to Texas Rules of App ellate

Procedure 37.1 and 42.3, that his notice of appeal was untimely and there was no timely motion

for an extension of tim e to file the notice of appeal. See T EX

. R. A PP

. P. 26.2(a)(1), 26.3.

Appellant was further informed that the appeal would be dismissed unless the information in this

appeal was amended, on or before April 27, 2015, to show the jurisdiction of this court

. On

April 24, 2015, Appellant filed a motion to extend the time for filing his notice of appeal.

However, the motion for extension of time was due to have been filed on or before March 9,2

2015. See T EX

. R. A PP

. P. 26.3 (motion for extension of time to file notice of appeal to be filed

within fifteen days after deadline for filing notice of appeal). Because Appellant did not file his

motion until April 24, 2015, the motion is untimely

, does not extend the appell ate timetable, and

must be overruled.

B ecause 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 the notice of appeal and dismiss the appeal for want of jurisdiction

. 1

See Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State , 918 S.W.2d

519, 522 (Tex. Crim. App. 1996).

Opinion delivered April 30, 2015. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( DO NOT PUBLISH )

1 Although we have not received the clerk’s record in this case, we have been provided a copy of the trial court’s certification, which states that this is a plea bargain case and Appellant has no right to appeal.

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

APRIL 30, 2015

NO. 12

- 15

- 00098

- CR

AARON JEROME BOWERS,

Appellant
V. THE STATE OF TEXAS, Appellee

Appeal fr om the 7th District Court

of Smith County, Texas (Tr.Ct.No. 007

- 1393

- 14)

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 th e 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., Hoyle, J. and Neeley, J.