Glen Ray Bigham has appealed the trial court's judgment revoking his community supervision for the crime of possession of cocaine (in an amount of less than four grams) in trial court cause number 18,602-2004. His community supervision was also revoked in two other cases, which he also appealed. All three cases were tried simultaneously and resulted in similar punishments. The issues raised in this appeal are identical to those raised in one of his companion appeals, Bigham v. State, cause number 06-06-00215-CR.

Since the arguments raised in this case are identical to those raised in his companion appeal, for the reasons stated in Bigham v. State, cause number 06-06-00215-CR, we likewise resolve the issues in this appeal in favor of the State. See also Bigham v. State, cause number 06-06-00214-CR.

We affirm the judgment of the trial court.

Josh R. Morriss, III

Chief Justice

Date Submitted: July 13, 2007

Date Decided: August 1, 2007

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ded in open court, or within ninety days after sentencing if the defendant timely files a motion for new trial. Tex. R. App. P. 26.2(a); Olivo, 918 S.W.2d at 522. A court of appeals may consider a late notice of appeal timely to invoke jurisdiction if: (1) it is filed within fifteen days of the last day allowed for filing; (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal; and (3) the court of appeals grants the

motion for extension of time. Olivo, 918 S.W.2d at 522. Here, none of the criteria listed above were met in the filing of Lewis' notice of appeal.

When a defendant appeals from a conviction in a criminal case, the time to file a notice of appeal runs from the date sentence is imposed or suspended in open court, not from the date sentence is signed and entered by the trial court. Rodarte v. State, 860 S.W.2d 108, 109 (Tex. Crim. App. 1993). The last date allowed for Lewis to timely file his notice of appeal was March 11, 2003, ninety days after the day sentence was imposed in open court. See Tex. R. App. P. 26.2(a)(1). Because Lewis did not file his notice of appeal until July 1, 2003, he failed to perfect this appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: August 13, 2003

Date Decided: August 14, 2003

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