 
 




                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-14-00226-CR
                            ____________________

                     WILLIE D. HUBBARD JR., Appellant

                                          V.

                       THE STATE OF TEXAS, Appellee
_______________________________________________________          ______________

                    On Appeal from the 359th District Court
                         Montgomery County, Texas
                       Trial Cause No. 13-03-03070 CR
________________________________________________________          _____________

                           MEMORANDUM OPINION

      On May 9, 2014, Willie D. Hubbard Jr. filed a notice of appeal from a

sentence imposed on January 30, 2014. We notified the parties that the notice of

appeal did not appear to have been timely filed. On May 30, 2014, the appellant

filed a motion for extension of time to file notice of appeal.

      Hubbard filed a motion for new trial within thirty days of sentencing;

therefore, his notice of appeal was due April 30, 2014. See Tex. R. App. P.

26.2(a)(2). The trial court signed an order granting the motion for new trial, but

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subsequently set aside the order because the order had not been signed before the

motion for new trial was overruled by operation of law. See State v. Bates, 889

S.W.2d 306, 310 (Tex. Crim. App. 1994). Hubbard filed a notice of appeal within

fifteen days after the deadline for filing a notice of appeal, but his motion for

extension of time was filed late. See Tex. R. App. P. 26.3. “When a notice of

appeal, but no motion for extension of time, is filed within the fifteen-day period,

the court of appeals lacks 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); Freeman v. State, 330 S.W.3d 922, 922

(Tex. App.—Beaumont 2011, no pet.). We deny the appellant’s motion for

extension of time to file notice of appeal and dismiss the appeal for lack of

jurisdiction.

      APPEAL DISMISSED.


                                             ________________________________
                                                       CHARLES KREGER
                                                           Justice



Opinion Delivered June 25, 2014
Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.

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