Opinion
NO. 02-15-00009-CR
03-05-2015
EX PARTE RAMONE COLEMAN
FROM COUNTY CRIMINAL COURT NO. 9 OF TARRANT COUNTY
TRIAL COURT NO. 1163456
MEMORANDUM OPINION
Ramone Coleman appeals the trial court's October 15, 2014 denial of his postconviction application for writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.072, § 8 (West Supp. 2014). Appellant filed his notice of appeal on January 13, 2015. On January 21, 2015, we sent him a letter stating our concern that we lacked jurisdiction over the appeal because the notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a)(1). We informed him that the appeal could be dismissed unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal on or before February 2, 2015. See Tex. R. App. P. 43.2(f), 44.3.
Appellant filed a response in which he contends that his request for findings of fact and conclusions of law extended the deadline for filing the notice of appeal; it does not. See Ex parte Coleman, No. 02-13-00183-CR, 2013 WL 3064515, at *1 (Tex. App.—Fort Worth June 20, 2013, no pet.) (mem. op., not designated for publication) (rejecting appellant's same argument in appeal from order denying prior article 11.072 application). Compare Tex. R. App. P. 26.1(a) (providing that time for filing notice of appeal is ninety days in civil appeals when request for findings of fact and conclusions of law is filed), with Tex. R. App. P. 26.2(a) (providing that notice of appeal in criminal cases must be filed within thirty days of appealable order unless timely motion for new trial filed).
Appellant did not file a timely motion for new trial that would have extended the time for filing his notice of appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (providing that untimely notice of appeal deprives appellate court of jurisdiction).
PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 5, 2014
See Tex. R. App. P. 47.4.