11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Rebecca May Swiney

Appellant

Vs.                   No. 11-04-00266-CR -- Appeal from Eastland County

State of Texas

Appellee

Appellant, Rebecca May Swiney, was convicted of theft and sentenced to confinement in the Eastland County Jail for a term of 30 days with the term of confinement being suspended for a term of one year.  The trial court also assessed a fine in the amount of $250.  The sentence was imposed on August 6, 2004.  No motion for new trial was filed.  Pursuant to TEX.R.APP.P. 26.2(a)(2), appellant=s notice of appeal was due to be filed on or before September  7, 2004, 30 days after the date the sentence was imposed.^[1]

Appellant filed a notice of appeal with the trial court clerk on September 14, 2004.  This court determined that the notice of appeal was untimely upon its receipt of the clerk=s record.  This court advised appellant in writing that the appeal would be dismissed if she did not establish that this court had jurisdiction.  On December 13, 2004, appellant filed a motion for extension of time to file her notice of appeal, seeking to extend the filing deadline until September 14, 2004.

In order to extend the time for perfecting an appeal, TEX.R.APP.P. 26.3 requires that both the notice of appeal and a motion for extension be filed within 15 days after the deadline for filing the notice of appeal.  In this instance, the deadline for filing the motion for extension was September 22, 2004.  Appellant filed her motion for extension in this court on December 13, 2004.  The motion is untimely.  The Texas Court of Criminal Appeals interprets the requirements of Rule 26.3 strictly.

Olivo v. State, 918 S.W.2d 519, 522‑26 (Tex.Cr.App. 1996).  Absent a timely notice of appeal or strict compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal.  Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App. 1998); Olivo v. State, supra; Rodarte v. State, 860 S.W.2d 108 (Tex. Cr.App. 1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App. 1988).  Appellant may be able to secure an out‑of‑time appeal by filing a post‑conviction writ pursuant to TEX. CODE CRIM. PRO. ANN. art. 11.07 (Vernon Supp. 2004 ‑ 2005).

The motion is overruled, and the appeal is dismissed for want of jurisdiction.

PER CURIAM

December 23, 2004

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of:  Arnot, C.J., and

Wright, J., and McCall, J.