Opinion
02-23-00106-CR
06-08-2023
Justin Alan Hohstadt, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 415th District Court Parker County, Texas Trial Court No. CR21-0847
Before Birdwell, Bassel, and Womack, JJ.
MEMORANDUM OPINION
PER CURIAM
Appellant Justin Alan Hohstadt attempts to appeal his conviction for evading arrest with a vehicle. See Tex. Penal Code Ann. § 38.04(b)(2)(A) (evading-arrest offense with a previous conviction). Hohstadt did not file a motion for new trial, making his notice of appeal due within 30 days of the September 14, 2022 judgment of conviction. See Tex.R.App.P. 26.2(a)(1). However, Hohstadt did not file his notice of appeal until May 15, 2023.
We notified Hohstadt of our concern that we might not have jurisdiction over his appeal and informed him that unless he filed a response showing grounds for continuing the appeal by May 25, 2023, we would dismiss it. See Tex.R.App.P. 44.3. We have received no response from Hohstadt.
Because Hohstadt's notice of appeal was not timely and because a timely notice of appeal is an essential component of our jurisdiction, we dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 25.2(b), 26.2(a)(1), 43.2(f); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); see also Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993) (discussing the rule of appellate procedure that preceded Rule 26.2, which likewise required the filing of a notice of appeal within 30 days after the imposition of a sentence, and dismissing an untimely appeal for want of jurisdiction).