Camie S. Mangrum v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00376-CR

CAMIE S. MANGRUM APPELLANT V.

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 4 OF TARRANT COUNTY TRIAL COURT NO. 1348519 ----------

MEMORANDUM OPINION 1 ----------

On October 18, 2015, Appellant Camie Mangrum filed a pro se notice of appeal from a conviction and sentence for assault causing bodily injury. A jury found Mangrum guilty and assessed punishment at 365 days’ confinement probated for 24 months. Accordingly, the trial judge entered judgment and suspended Mangrum’s sentence by written order on September 1, 2015.

Mangrum did not file a motion for new trial.

The Texas Rules of Appellate Procedure provide that a defendant who does not file a motion for new trial, but who wishes to appeal his conviction, must file a notice of appeal no later than thirty days after sentence is imposed. Tex. R. App. P. 26.2(a)(1). To invoke our jurisdiction, Mangrum needed to file his notice of appeal within thirty days after September 1, 2015. The notice of appeal in this case was filed in the county court on October 19, 2015, eighteen days after the appellate deadline ran. Mangrum’s notice of appeal, filed more than thirty days after his sentence was imposed, does not invoke our jurisdiction. See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996)(en banc). Thus, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

/s/ Lee Gabriel LEE GABRIEL JUSTICE PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: February 11, 2016