NO. 12-08-00465-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MARY JOHNSON GREER, § APPEAL FROM THE 217TH

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE § ANGELINA COUNTY, TEXAS

 

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant pleaded guilty to

aggravated robbery pursuant to a plea agreement. Sentence was imposed on October 9, 2008.

Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of

appeal is filed within thirty days after the day sentence is imposed orsuspended in open court unless

a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1). Where a timely motion for new

trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed

or suspended in open court. TEX.R.APP.P. 26.2(a)(2). Appellant did not file a motion for new trial.

Therefore, her notice of appeal was due to have been filed on or before November 10, 2008.

However, Appellant did not file her notice of appeal until November 20, 2008 and did not file a

motion for extension of time to file her notice of appeal as permitted by Texas Rule of Appellate

Procedure 26.3. See TEX.R.APP.P.26.3 (appellate court may extend time for filing notice of appeal

if, within fifteen days after deadline for filing notice of appeal, appellant files notice of appeal in trial

court and motion complying with Texas Rule of Appellate Procedure 10.5(b) in appellate court).

On November 21, 2008, this court notified Appellant that the information received in this

appeal does not include a notice of appeal filed within the time allowed by rule 26.2 or a motion for
 Appellant also requested in her motion that this court order a hearing in the trial court to document the basis 1

for the appeal and appointment of counsel. Our dismissal of the appeal renders this request moot.

2

extension of time to file the notice of appeal pursuant to rule 26.3. Appellant was further informed

that the appeal would be dismissed unless, on or before December 1, 2008, if the information in this

appeal was not amended to show the jurisdiction of this court. On December 1, 2008, Appellant

filed a motion requesting suspension of Texas Rule of Appellate Procedure 2, leave to file a motion

for extension of time under rule 26.3, and acceptance of the late filed notice of appeal. Texas Rule

of Appellate Procedure 26.3 provides that a motion for extension of time to file a notice of appeal

must be filed within fifteen days of the deadline for filing the notice of appeal. TEX.R.APP. P. 26.3.

Accordingly, Appellant was required to file her motion on or before November 25, 2008. However,

the motion was not filed until December 1, 2008, and therefore was untimely. See id.

Because this court has no authority to allow the late filing of a notice of appeal except as

provided by rule 26.3, the appeal must be dismissed. 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). Accordingly,

Appellant’s motion is overruled, and the appeal is dismissed for want of jurisdiction.1

Opinion delivered December 3, 2008.

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

(DO NOT PUBLISH)December 3, 2008