Opinion
No. 04-18-00010-CR
02-07-2018
Johnathan Pierce BEEN, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR7167
Honorable Jefferson Moore, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED FOR WANT OF JURISDICTION
Appellant Johnathan Pierce Been pled nolo contendere to the charge of indecency with a child by exposure and true to repeater. The trial court found Appellant guilty of the offense, it found the repeater allegation to be true, and it fined him $1,500.00 and sentenced him to confinement for five years in the Texas Department of Criminal Justice—Institutional Division. Appellant filed a pro se notice of appeal on December 28, 2017.
Because Appellant's untimely notice of appeal did not invoke this court's jurisdiction, we dismiss this appeal for want of jurisdiction.
BACKGROUND
On September 1, 2017, based on Appellant's written plea agreement, the trial court found Appellant guilty of the charge of indecency with a child by exposure (repeater). It signed a certificate indicating Appellant has no right of appeal, fined him $1,500.00, and sentenced him to five-years' confinement in the Texas Department of Criminal Justice—Institutional Division.
On December 28, 2017, Appellant filed a pro se notice of appeal. Thereafter, we advised Appellant that his notice of appeal appeared to be untimely, and we ordered him to show cause in writing why this appeal should not be dismissed for want of jurisdiction. In his court-appointed counsel's timely response to our order, Appellant acknowledged his notice of appeal was late, he has no right of appeal, and this court must dismiss this appeal.
NO SUBJECT MATTER JURISDICTION
A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant did not file a motion for new trial. See TEX. R. APP. P. 26.2(a), 26.3. Appellant's notice of appeal was due on October 2, 2017, or the notice of appeal and a motion for extension of time to file the notice of appeal were due not later than October 17, 2017. Appellant did not file a motion for extension of time to file a notice of appeal, and his notice of appeal was not filed until December 28, 2017.
Appellant's untimely notice of appeal did not invoke this court's appellate jurisdiction. See TEX. R. APP. P. 26.2(a)(2); Olivo, 918 S.W.2d at 522. We dismiss this appeal for want of jurisdiction. See Olivo, 918 S.W.2d at 522; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (addressing an out-of-time appeal from a final felony conviction using a writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure).
PER CURIAM DO NOT PUBLISH