Opinion
NO. 02-16-00294-CR
02-09-2017
K-LEE DEANNA RAE BOAZ APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 235TH DISTRICT COURT OF COOKE COUNTY
TRIAL COURT NO. 15-00174 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant K-Lee Deanna Rae Boaz attempts to appeal from the judgment adjudicating her guilt for the offense of hindering apprehension or prosecution for which she was sentenced on June 6, 2016, to serve ten years' confinement and to pay a $500 fine. Because Boaz did not file a motion for new trial, her notice of appeal was due no later than July 6, 2016. See Tex. R. App. P. 26.2(a)(1). Boaz filed her notice of appeal on July 20, 2016.
We notified Boaz of our concern that we lacked jurisdiction over this appeal because the notice of appeal was untimely filed. See Tex. R. App. P. 26.2(a)(1). We advised Boaz that unless we received a response by January 23, 2017, showing grounds for continuing the appeal, the appeal could be dismissed. We have received no response.
It is well established that a notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. See Tex. R. App. P. 25.2(b), 26.2(a)(1); Perez v. State, 424 S.W.3d 81, 85 (Tex. Crim. App. 2014); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). Although we may extend the jurisdictional deadline if a notice of appeal is filed in the trial court within fifteen days of its due date, which occurred here, we may not do so in the absence of a motion requesting such relief. See Tex. R. App. P. 26.3; Olivo, 918 S.W.2d at 522; Kessinger v. State, 26 S.W.3d 725, 726 (Tex. App.—Fort Worth 2000, pet. ref'd). Because Boaz did not file a motion for extension of time with her notice of appeal, her notice of appeal was untimely. See Tex. R. App. P. 25.2(b); 26.2(a)(1). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
/s/ Sue Walker
SUE WALKER
JUSTICE PANEL: WALKER, MEIER, and GABRIEL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: February 9, 2017