Opinion
No. 2-06-145-CR
Delivered: June 22, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Appeal from the 355th District Court of Hood County.
Panel D: DAUPHINOT, HOLMAN, and GARDNER, JJ.
MEMORANDUM OPINION
See Tex.R.App.P. 47.4.
On October 6, 2003, the trial court entered a judgment revoking Appellant Chadrick Lee Chappell's community supervision and sentencing him to six years' confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant did not file a motion for new trial. Consequently, his notice of appeal was due November 5, 2003. His notice of appeal was not filed until March 27, 2006; thus it was untimely. Because the notice of appeal was untimely and it appeared we lacked jurisdiction, we sent a letter to Appellant on April 28, 2006, requesting a response showing grounds for continuing the appeal. Appellant did not respond. A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal. Because Appellant's notice of appeal was untimely filed, we dismiss this case for want of jurisdiction.
Id.
Id.
See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996).
See TEX. R. APP. P. 26.2(a)(2), 43.2(f).