Opinion
No. 11-20-00141-CR
07-23-2020
GERALD DON GATEWOOD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 106th District Court Gaines County, Texas
Trial Court Cause No. 06-3674
MEMORANDUM OPINION
Appellant filed an untimely pro se notice of appeal from his judgment of conviction for the offense of felony driving while intoxicated. We dismiss the appeal for want of jurisdiction.
Pursuant to the Texas Rules of Appellate Procedure, a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed or suspended in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed or suspended in open court. TEX. R. APP. P. 26.2(a). A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this appeal indicate that Appellant's sentence was imposed on June 11, 2017. Appellant filed a pro se notice of appeal on June 5, 2020, almost three years after he was convicted and sentenced. The notice of appeal was therefore untimely.
Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain this appeal. 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); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993).
When the appeal was filed in this court, we notified Appellant by letter that the notice of appeal appeared to be untimely and that the appeal may be dismissed for want of jurisdiction. We requested that Appellant respond to our letter and show grounds to continue. Appellant filed a response and a motion in which he requests an out-of-time appeal. However, we are not authorized to grant a request for an out-of-time appeal. See Slaton, 981 S.W.2d at 210. Appellant has not shown any grounds upon which this court may continue this appeal.
This appeal is dismissed for want of jurisdiction.
PER CURIAM July 23, 2020 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J.,
Stretcher, J., and Wright, S.C.J. Willson, J., not participating.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.