NO. 07-05-0312-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL A OCTOBER 24, 2005

______________________________ CYNTHIA RAYNIA CLAYTOR, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 4 7TH DIST RICT COURT OF POTT ER COUNTY; NO. 48,053-A; H ONORABLE HAL MINER, JU DGE

_______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORA NDUM OPIN ION Appellant

Cynthia Raynia Cl aytor was adjudicated guilty of burglary

of a building and sentenced to two years confinement in a sta te jail facility and a $10,000 f ine. Sentence was imposed on August 3, 2005 , and appellant fil ed a pro se “motion to appeal” with the trial court clerk on September 8, 200 5. W e dismiss the purported appe al.2

Adefendant must file a w ritten notice of appeal wit h the trial co urt clerk within 30 days after the date sente nce is imp osed . Tex. R. App . P. 252 .(c)& 26.2( a)(1) . The ti me in which to f ile a n otic e of appe al ma y be en large d if, within 15 da ys after the deadline for doing so, the party

files the notice in the tria l court and a mot ion complyi ng wit h Ru le 10.5(b) of

the Texas Rules of Appellate Procedure in the appellate cou rt. Tex. R. App. P. 26.3. When a notice, but no motion for exte nsion of time, is fi led wit hin t he 15 -day win dow, this Court does not

have juri sdiction to di spose of the p urported appeal in any manner other than by dismiss al for wan t of jurisdic tion. Oliv

o v. State, 9 18 S.W.2d 519, 523 (Tex.Cr.A pp. 1996). Additi onally, w e do not have j urisdicti on to invokeRule 2 of the appellate rules in an effort to obt ain jurisdiction. Thus, we cannot c reate juris diction where
none exists. Id. See also , Sla ton v. State, 981 S.W.2d 208, 209-10 (Tex.Cr.App. 1998). Appellant’s sentence wa s imposed on Aug us t 3, 2005, although t he order adjudicating her

guilty was not s igned until August 22, 2005. However, in a criminal case, the time for perfecti ng an appeal commences on the date sentence is imposed. Tex. R. App. P. 26.2(a). See also Rodarte v . State, 860 S.W.2d 108, 109 (Tex.Cr.App. 1993 ). No motion for new tri al was filed, and although appel lant did file a pro se motion to retr act her guilty plea, under the Texas Rulesof Appellate Procedure, it doesnot extend thetime for perfecting an appeal. Cf . Rule 26.1(a)

which ex

tends the time for per

fecting an appeal in
a civil ca se to 90 da ys if a motion for new trial, motion to modify, mot ion to reinstate, or a request for findings of fact and conclusionsof law is filed. The criminal counterpart, Rule 26.2(a)(2), providesa 90-day ex tension only

if a motion for new

trial is filed. We conclude1 Appellant may have recourse by filing a post -convic tion wri t of habeas corpus returnable to the Court of Criminal Appeals for consi deration of an out-o f-time appeal. See Tex. Code Crim. Proc. Ann. art. 11.07 (Ve rnon Supp. 2004-05). 3 appellant’s notice of appeal fil ed on September 8, 2005, was untimely and although it was filed within the 15-day

exten sion perio d, it was un acco mpa nied by a motion for exte nsion of t ime r easo nab ly expla inin g the d elay. Accordingl y, the purpor ted appeal is di smissed for want of jurisdic tion. 1
Don H. Reavis Justice Do not publish

.