Jenkins v. State

Full title: SHANE LEEDON JENKINS APPELLANT v. THE STATE OF TEXAS STATE

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Jul 17, 2003

No. 2-03-196-CR and No. 2-03-197-CR (Tex. App. Jul. 17, 2003)

Opinion

No. 2-03-196-CR and No. 2-03-197-CR.

DELIVERED: July 17, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b)

From Criminal District Court No. 4 of Tarrant County.

PANEL D: DAY, LIVINGSTON, and DAUPHINOT, JJ.

MEMORANDUM OPINION¹ AND JUDGMENT

1 See Tex.R.App.P. 47.4.

SAM J. DAY, Justice.

On May 21, 2003, appellant Shane Leedon Jenkins filed a notice of appeal from the trial court's judgment rendered on May 10, 2002, and a motion for extension of time to file the notice of appeal. No motion for new trial was filed in the trial court, making appellant's notice of appeal due on June 10, 2002. See Tex.R.App.P. 26.2, 26.3. Thus, appellant's notice of appeal is untimely. On June 4, 2003, this court informed appellant by letter that it was concerned it lacked jurisdiction over the appeal and offered appellant the opportunity to demonstrate grounds for continuing the appeal. We received a response from appellant, but he has not demonstrated that this court has jurisdiction over the appeal. Thus, we dismiss this appeal for want of jurisdiction. See Tex.R.App.P. 26.2, 26.3, 43.2(f); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex.Crim.App. 1996) (holding that a timely notice of appeal is necessary to invoke a court of appeals' jurisdiction).