MIGUEL ANGEL GOMEZ JR v. THE STATE OF TEXAS (2010)

Memorandum Opinion

Miguel Angel Gomez, Jr. (appellant) attempts to appeal from an order adjudicating him guilty of burglarizing a habitation.   He was sentenced in open court on May 13, 2010, but did not file his notice of appeal until June 21, 2010.   By letter dated July 26, 2010, we informed appellant that it appeared his notice of appeal was untimely and granted him opportunity to provide us with information to determine whether we have jurisdiction over the appeal.   Appellant responded by telling us that his sentencing hearing was postponed until June 16, 2010, and therefore, his sentence was pronounced on that day.   Both the reporter's record and clerk's record belie the contention, however, and actually reveal that sentence was pronounced on May 13th.

A timely notice of appeal is necessary to invoke our jurisdiction.  Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App.1996).   To be timely, it must be filed within 30 days after sentence was pronounced in open court, unless a timely motion for new trial was filed.  Tex.R.App. P. 26.2. Such a motion also must be filed within 30 days of the oral pronouncement of sentence.   Tex.R.App. P. 21.4. While a motion for new trial was filed here, that was not done until June 21, 2010, or more than 30 days after sentence was orally pronounced in open court.   Furthermore, appellant did not move to extend the deadline for tendering his notice of appeal.   So, we have no jurisdiction over the matter.

Accordingly, the appeal is dismissed for want of jurisdiction.1

FOOTNOTES

FN1. Appellant may petition the Court of Criminal Appeals under article 11.07 of the Code of Criminal Procedure for leave to initiate a belated appeal..  FN1. Appellant may petition the Court of Criminal Appeals under article 11.07 of the Code of Criminal Procedure for leave to initiate a belated appeal.

Brian Quinn Chief Justice