Angela Marie Dodd v. State

DISMISS; and Opinion Filed November 7, 2016.

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-01137-CR

ANGELA MARIE DODD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas

Trial Court Cause No. 296-82226-2015

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Fillmore, and Justice Brown Opinion by Justice Brown

Angela Marie Dodd was convicted of unauthorized use of a vehicle and sentenced to two years in state jail, probated for four years. She then appealed her conviction to this Court. Because the record did not reflect a timely notice of appeal, we directed appellant and the State to file letter briefs regarding our jurisdiction over the appeal. To date, neither has responded.

The record reflects the trial court’s judgment was entered August 10, 2016. No motion for new trial was filed; therefore, appellant’s notice of appeal was due September 9, 2016. See TEX. R. APP. P. 26.2(a)(1). Appellant filed her notice of appeal in the trial court on September 20, 2016, after the thirty-day period contemplated by rule 26.2(a)(1) but within the fifteen-day “grace period” provided by rule 26.3. See TEX. R. APP. P. 26.3. However, appellant did not file a motion to extend time to file the notice of appeal in this Court; rather, she filed her motion in the trial court. See TEX. R. APP. P. 26.3(b). If a notice of appeal is filed within the fifteen-day period provided by rule 26.3 but an extension motion is not filed with this Court, we lack jurisdiction to “dispose of the purported appeal in any manner other than by dismissing it for lack of jurisdiction.” Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); Boyd v. State, 971 S.W.2d 603, 605 (Tex. App. —Dallas 1998, no pet.). Because appellant failed to file her extension motion with this Court, we must dismiss this appeal for want of jurisdiction.

/Ada Brown/

ADA BROWN

JUSTICE

Do Not Publish

TEX. R. APP. P. 47.2(b)

161137F.U05

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

ANGELA MARIE DODD, Appellant On Appeal from the 296th Judicial District Court, Collin County, Texas No. 05-16-01137-CR V. Trial Court Cause No. 296-82226-2015. Opinion delivered by Justice Brown, Chief THE STATE OF TEXAS, Appellee Justice Wright and Justice Fillmore participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for lack of jurisdiction.

Judgment entered this 7th day of November, 2016.