Opinion
06-22-00156-CR
01-26-2023
JUSTIN ARLEY BRYANT, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish
Submitted Date: January 25, 2023
On Appeal from the 8th District Court Hopkins County, Texas Trial Court No. 1927399
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
Jeff Rambin Justice
Justin Arley Bryant has filed an untimely notice of appeal from the trial court's judgment adjudicating his guilt of aggravated assault with a deadly weapon and sentencing him to five years' imprisonment. We dismiss the appeal for want of jurisdiction.
Sentence was imposed in this matter on April 16, 2020, and Bryant did not file a motion for a new trial. As a result, Bryant's notice of appeal was due on or before May 18, 2020. See Tex. R. App. P. 26.2(a)(1). Bryant's notice of appeal was not filed until October 2022, over two years past the deadline for filing such notice. Consequently, Bryant's attempt to appeal his conviction in this matter was untimely. The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998) (per curiam).
We notified Bryant by letter that his notice of appeal appeared to be untimely and that the appeal was subject to dismissal for want of jurisdiction. We granted Bryant's motion to extend time in which to respond to our letter and, thereby, afforded Bryant ample opportunity to respond and to demonstrate how we had jurisdiction over the appeal notwithstanding the noted defect. Bryant failed to file a response.
Because Bryant did not timely file his notice of appeal, we dismiss the appeal for want of jurisdiction.