JAMES ALLEN BALL JR v. THE STATE OF TEXAS (2010)

MEMORANDUM OPINION

Opinion By Chief Justice Wright

James Allen Ball, Jr. was convicted of robbery.   Punishment, enhanced by one prior felony conviction, was assessed at ninety years' imprisonment, and was imposed in open court on May 11, 2010.   Therefore, appellant's motion for new trial was due by June 10, 2010.   See Tex.R.App. P. 21.4(a).   Appellant filed an untimely motion for new trial on June 17, 2010.¹  Absent a timely motion for new trial, appellant's notice of appeal was due by June 10, 2010.   See Tex.R.App. P. 26.2(a)(1).   Appellant filed his notice of appeal on August 16, 2010.²

Appellant's August 16, 2010 notice of appeal is untimely as to the May 11, 2010 sentencing date.   Without a timely notice of appeal, the Court has no authority to take any action except to dismiss the appeal.   See 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.).

We dismiss the appeal for want of jurisdiction.

FOOTNOTES

FN1. Appellant's motion for new trial states the jury convicted him on May 12, 2010.   However, both the reporter's record and the trial court's docket sheet reflect that sentence was imposed on May 11, 2010..  FN1. Appellant's motion for new trial states the jury convicted him on May 12, 2010.   However, both the reporter's record and the trial court's docket sheet reflect that sentence was imposed on May 11, 2010.

FN2. Appellant's notice of appeal states the appeal is from the trial court's judgment and sentence of May 24, 2010.   That is the date on which the trial judge signed the judgment.   However, the operative date for the appellate timetable is the May 11, 2010 sentencing date.   See Tex.R.App. P. 26.2(a)(1)..  FN2. Appellant's notice of appeal states the appeal is from the trial court's judgment and sentence of May 24, 2010.   That is the date on which the trial judge signed the judgment.   However, the operative date for the appellate timetable is the May 11, 2010 sentencing date.   See Tex.R.App. P. 26.2(a)(1).

CAROLYN WRIGHT CHIEF JUSTICE