Case Information
*1 DISMISS; and Opinion Filed November 7, 2016.
In The No. 05-16-01137-CR V.
On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-82226-2015 MEMORANDUM OPINION Before Chief Justice Wright, Justice Fillmore, and Justice Brown Opinion by Justice Brown
Angela Marie Dodd was convicted of unauthorized use of a vehicle and sentenced to two years in state jail, probated for four years. She then appealed her conviction to this Court. Because the record did not reflect a timely notice of appeal, we directed appellant and the State to file letter briefs regarding our jurisdiction over the appeal. To date, neither has responded.
The record reflects the trial court’s judgment was entered August 10, 2016. No motion for new trial was filed; therefore, appellant’s notice of appeal was due September 9, 2016. See EX . R. A PP . P. 26.2(a)(1). Appellant filed her notice of appeal in the trial court on September 20, 2016, after the thirty-day period contemplated by rule 26.2(a)(1) but within the fifteen-day “grace period” provided by rule 26.3. See T EX . R. A PP . P. 26.3. However, appellant did not file a motion to extend time to file the notice of appeal in this Court; rather, she filed her motion in the trial court. See T P. 26.3(b). If a notice of appeal is filed within the fifteen-day *2 period provided by rule 26.3 but an extension motion is not filed with this Court, we lack jurisdiction to “dispose of the purported appeal in any manner other than by dismissing it for lack of jurisdiction.” Olivo v. State , 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); Boyd v. State , 971 S.W.2d 603, 605 (Tex. App. —Dallas 1998, no pet.). Because appellant failed to file her extension motion with this Court, we must dismiss this appeal for want of jurisdiction.
/Ada Brown/ ADA BROWN JUSTICE Do Not Publish P. 47.2(b)
161137F.U05
Court of Appeals
JUDGMENT On Appeal from the 296th Judicial District Court, Collin County, Texas No. 05-16-01137-CR V. Trial Court Cause No. 296-82226-2015.
Opinion delivered by Justice Brown, Chief Justice Wright and Justice Fillmore participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for lack of jurisdiction.
Judgment entered this 7th day of November, 2016.