Opinion
No. 05-08-00701-CR.
Opinion Filed June 19, 2008. DO NOT PUBLISH Tex. R. App. P. 47
On Appeal from the County Criminal Court No. 2 Dallas County, Texas, Trial Court Cause No. MB99-18945-B.
Before Justices MORRIS, WHITTINGTON, and O'NEILL. Opinion by Justice WHITTINGTON.
MEMORANDUM OPINION
Basil Brown was convicted of indecent exposure and punishment was assessed at 180 days' confinement in jail, probated for twenty-four months, and a $750 fine. This Court affirmed the trial court's judgment. See Brown v. State, No. 05-01-00230-CR (Tex.App.-Dallas Mar. 5, 2002, pet. ref'd) (not designated for publication). At a later date, appellant filed an application for writ of habeas corpus in the trial court. On May 13, 2005, the trial court denied appellant the relief he sought. Therefore, appellant's notice of appeal was due by Monday, June 13, 2005. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant's notice of appeal was not filed until July 6, 2005. We conclude we have no jurisdiction over the appeal. To be timely, a notice of appeal from the trial court's order denying habeas corpus relief must be filed within thirty days of the date the appealable order is signed. See Tex. R. App. P. 26.2(a)(1). Moreover, to obtain the benefit of the extension period provided by rule of appellate procedure 26.3, appellant had to file both his notice of appeal in the trial court and an extension motion in this Court by June 28, 2005. See Tex. R. App. P. 26.3; Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.). Appellant's July 6, 2005 notice of appeal was not timely as to the May 13, 2005 order. See Slaton, 981 S.W.2d at 210; Boyd, 971 S.W.2d at 605-06. Further, although appellant's notice of appeal states the order denying habeas corpus relief was not "served" on him until June 21, 2005, rule of appellate procedure 4.2, which provides for additional time when a party has no notice of an order or judgment, applies only to civil cases. See Tex. R. App. P. 4.2. We dismiss the appeal for want of jurisdiction.
The documents related to this appeal were not forwarded to this Court until May 29, 2008.