- Bookmark
- Share
- CaseIQ
BELL v. STATE, 2-04-182-CR (Tex.App.-Ft. Worth [2nd Dist.] 2004)
MEMORANDUM OPINION
PER CURIAM.
William Joseph Bell is attempting to appeal his deferred adjudication community supervision for possession of methamphetamine. Appellant's notice of appeal was due on February 4, 2004, but was not filed until April 19, 2004, and appellant did not file a motion to extend his filing deadline. See Tex.R.App.P. 26.2(a)(1), 26.3. Therefore, the notice was untimely, and we lack jurisdiction over the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Further, appellant has not responded to our jurisdiction letter. Accordingly, we dismiss the appeal for want of jurisdiction.
A motion for new trial is not available at the time adjudication of guilt is deferred; therefore, the filing of a motion for new trial in a deferred adjudication case does not extend the appellate deadline under Tex.R.App.P. 26.2(a)(2). See Donovan v. State, 68 S.W.3d 633, 636 (Tex.Crim.App. 2002); Garcia v. State, 29 S.W.3d 899, 900-01 (Tex.App.-Houston [14th Dist.] 2000, no pet.); Hammack v. State, 963 S.W.2d 199, 200-01 (Tex.App.-Austin 1998, no pet.).
Alert