EX PARTE JUDITH ANN BLACKARD v. << (2011)

MEMORANDUM OPINION

Opinion By Justice Myers

Judith Ann Blackard filed a petition for writ of habeas corpus in the trial court challenging her conviction for criminal trespass.   The trial judge denied the petition on June 16, 2011.   On July 25, 2011, appellant filed a notice of appeal.   We conclude we lack jurisdiction over the appeal.

Appellant's notice of appeal was due by Monday, July 18, 2011.   See Tex.R.App. P. 26.2(a)(1).   Although appellant mailed her notice of appeal to the Court, the envelope in which it was mailed has a July 21, 2011 postmark.   To obtain the benefit of the mailbox rule, appellant had to mail her notice of appeal on or before July 18, 2011.   See Tex.R.App. P. 4.1(a), 9.2(b)(1)(C).  Moreover, to obtain the benefit of the extension period provided by rule 26.3, appellant had to both file her notice of appeal and file an extension motion in this Court within the fifteen-day period following July 18, 2011.   See Tex.R.App. P. 26.3. Although the notice of appeal was received within fifteen days of July 18, 2011, appellant did not file an extension motion in this Court within that fifteen-day period.   Therefore, appellant's untimely notice of appeal leaves us without jurisdiction over the appeal.   See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998) (per curiam).

We dismiss the appeal for want of jurisdiction.

LANA MYERS JUSTICE