Opinion
No. 04-18-00242-CR No. 04-18-00243-CR
06-06-2018
Robert Allen SMITH, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 198th Judicial District Court, Bandera County, Texas
Trial Court Nos. CR10-0000058, CR10-0000059
Honorable M. Rex Emerson, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED FOR WANT OF JURISDICTION
On February 2, 2012, Appellant Robert Allen Smith pled nolo contendere to the charge of (1) possession of a controlled substance in an amount over one gram and less than four grams, and (2) possession of a controlled substance in an amount over four hundred grams. The trial court deferred adjudication on both charges and placed Smith on probation for ten years. After Smith violated the conditions of his probation, the trial court adjudicated Smith's guilt and sentenced him to confinement in the Texas Department of Criminal Justice—Institutional Division for ten years for the first charge and forty years for the second charge, with the sentences to run concurrently. The trial court imposed the sentences on August 17, 2015. On April 9, 2018, Appellant filed a motion requesting permission to file an out-of-time notice of appeal in each of these cases.
The record shows Appellant did not file a motion for new trial or any other postjudgment motion that would extend the appellate timetable. See TEX. R. APP. P. 22.5, 26.2(a).
A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a timely motion for new trial, a defendant's notice of appeal is timely filed if it is filed within thirty days after (1) the day sentence is imposed or suspended in open court, or (2) the day the trial court enters an appealable order. See TEX. R. APP. P. 26.2; Olivo, 918 S.W.2d at 522. A late notice of appeal may be considered timely and invoke a court of appeals' jurisdiction if it meets the following requirements:
(1) it is filed within fifteen days of the last day allowed for filing,Olivo, 918 S.W.2d at 522; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991).
(2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and
(3) the court of appeals grants the motion for extension of time.
Appellant's notices of appeal were due on September 16, 2015. See TEX. R. APP. P. 26.2(a). His motions for extension of time to file late notices of appeal were due on October 1, 2015. See TEX. R. APP. P. 26.3. Appellant filed his notices of appeal on April 9, 2018. His notices were filed more than two years late; they do not meet the requirements to invoke this court's jurisdiction. See Olivo, 918 S.W.2d at 522; Ater, 802 S.W.2d at 243. We dismiss these appeals for want of jurisdiction.
PER CURIAM DO NOT PUBLISH