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Johnathen Lee Harrison v. State of Texas
Citation: Not availableDocket: 11-11-00003-CR
Court: Court of Appeals of Texas; February 16, 2011; Texas; State Appellate Court
Original Court Document: View Document
Johnathen Lee Harrison was convicted of burglary of a habitation with sexual assault and sentenced to sixty years of confinement by the 35th District Court of Brown County, Texas. Harrison filed an untimely notice of appeal on January 5, 2011, after his sentencing on September 17, 2010. A motion for a new trial was filed on October 13, 2010, and denied on October 21, 2010. The appellate counsel was appointed on December 2, 2010, but no notice of appeal had been filed by that date. According to Texas Rule of Appellate Procedure 26.2(a)(2), the notice of appeal was due by December 16, 2010, which is ninety days post-sentencing. As per Rule 26.3, a motion for extension of time was due by December 31, 2010, but both the notice of appeal and the motion for extension were filed late. The court lacks jurisdiction to hear the appeal or grant a late extension, as established in previous case law (e.g., Slaton v. State, Olivo v. State, Rodarte v. State). Therefore, the motion for extension was overruled, and the appeal was dismissed due to lack of jurisdiction. The ruling was finalized on February 17, 2011, with a panel consisting of Chief Justice Wright, Justice McCall, and Justice Strange.