Pena v. State

OPINION

Appellant has filed in this Court a motion to extend the time for filing an amended motion for new trial. We dismiss the mo tion, determining that a court of appeals lacks jurisdiction to grant the motion.

Tex.R.App.P. 31 addresses the times for filing and amending motions for new trial. Rule 31(a)(2) provides:(2) To Amend. Before a motion or amended motion for new trial is overruled it may be amended and filed without leave of court within 30 days after the date sentence is imposed or suspended in open court.

Tex.R.App.P. 31 is substantially the same as former Tex.Code Crim.Proc.Ann.…