ZRINY v. STATE, 05-02-01720-CR (Tex.App.-Dallas 10-7-2003)


LOURDES HILL ZRINY, Appellant v. THE STATE OF TEXAS, Appellee.

No. 05-02-01720-CRCourt of Appeals of Texas, Fifth District, Dallas.
Opinion Filed October 7, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b)

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Appeal from the County Court at Law No. 4, Collin County, Texas, Trial Court Cause No. 004-82678-01.

Before Justices MOSELEY, RICHTER, and FRANCIS.

MEMORANDUM OPINION
Opinion By Justice MOSELEY.

Lourdes Hill Zriny was convicted of speeding and fined $150 plus court costs by the City of Plano municipal court. Appellant filed an appeal bond to perfect an appeal de novo to the county court at law. The State moved to dismiss the appeal in the county court at law because appellant’s appeal bond was less than the amount required by law. The trial court granted the motion and dismissed the appeal. Appellant filed a motion for new trial, which was denied. Appellant filed her notice of appeal within ninety days, but more than thirty days, after the order dismissing the case. The background of the case and the evidence adduced below are well-known to the parties; thus we do not recite them here in detail. Because all dispositive issues are clearly settled in law, we issue this memorandum opinion. Tex.R.App.P. 47.2(a), 47.4. We dismiss this appeal for want of jurisdiction.

Appellant’s notice of appeal was not filed within thirty days after the entry of the order appealed from. However, her notice of appeal would be timely if appellant’s motion for new trial extended the time to file it. By separate order, we requested appellant to amend her brief to address this jurisdictional issue and to correct certain deficiencies. Appellant did not file an amended brief.

A motion for new trial does not extend the time to file a notice of appeal from an order that does not impose or suspend a sentence. See
Tex.R.App.P. 26.2(a)(2); Welsh v. State, 108 S.W.3d 921, 922 (Tex.App.-Dallas 2003, no pet. h.); Murray v. State, 89 S.W.3d 187, 188 (Tex.App.-Dallas 2002, pet. ref’d). In such cases, the notice of appeal must be filed within thirty days “after the day the trial court enters an appealable order.” Tex.R.App.P. 26.2(a)(1). Here, the order dismissing appellant’s appeal of the municipal court judgment did not impose or suspend a sentence. Therefore, appellant’s motion for new trial filed in response to that order was ineffective to extend her time to file a notice of appeal. See Welsh, 108 S.W.2d at 923. Appellant’s notice of appeal was thus untimely, leaving us without jurisdiction over her appeal. Id. Accordingly, we dismiss.