In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-07-00178-CR

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MELVIN THOMAS WALTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 27295-B

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Melvin Thomas Walton appeals from his conviction on his plea of guilty to the offense of forgery. See Tex. Penal Code Ann. § 32.21(d) (Vernon Supp. 2007). The sentence was imposed September 27, 2007. Walton filed a notice of appeal November 1, 2007.

            According to Rule 26.2, Walton had thirty days after the day sentence was imposed to file a notice of appeal, or timely file a motion for new trial and thereby extend his time to file a notice of appeal. See Tex. R. App. P. 26.2(a)(1), 21.4. Walton's motion for new trial was also filed November 1, 2007, and therefore was not timely. Walton had until October 29, 2007, to file a notice of appeal. No motion for extension of time to file his notice of appeal was filed. See Tex. R. App. P. 26.3. Hence, this appeal is untimely, and we are without jurisdiction to hear this case.

            We dismiss this appeal for want of jurisdiction.

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          January 8, 2008

Date Decided:             January 9, 2008

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