Sanchez v. State

OPINION ON MOTION FOR REHEARING

YANEZ, Justice.

The appellant filed his notice of appeal within the fifteen-day grace period during which he may request an extension of time to file, but he failed to timely file his motion for extension. Tex.R.App.P. 41(b)(2). The issue presented on motion for rehearing is whether this court has jurisdiction over the appeal.

An appellant invokes this Court’s jurisdiction by timely filing a written notice of appeal. Shute v. State, 744 S.W.2d 96, 97 (Tex.Crim.App.1988). If a motion for new trial has been filed, as here,1 the appellant’s notice *445of appeal is due…