Stokes v. State

Full title: CLIFTON LYNN STOKES, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Twelfth District, Tyler

Date published: May 28, 2004

No. 12-04-00166-CR (Tex. App. May. 28, 2004)

Opinion

No. 12-04-00166-CR

Opinion delivered May 28, 2004. DO NOT PUBLISH.

Appeal from the 145th Judicial District Court of Nacogdoches County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.

MEMORANDUM OPINION

PER CURIAM.

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of possession of marijuana, and punishment was imposed in open court on November 17, 1999. Thereafter, Appellant filed a motion for new trial, which was untimely. Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Since Appellant's motion for new trial was untimely, his notice of appeal was due to have been filed on or before December 17, 1999. However, Appellant did not file his notice of appeal until May 14, 2004. Moreover, Appellant did not file a timely motion for extension of time to file his notice of appeal as authorized by Rule of Appellate Procedure 26.3. On May 20, 2004, this Court notified Appellant pursuant to Rules of Appellate Procedure 26.2 and 37.2, that the clerk's record did not show the jurisdiction of this Court, and gave him until June 4, 2004 to correct the defect. On May 27, 2004, Appellant informed the Court that he is not appealing his conviction, but seeks to challenge the constitutionality of several statutes applicable to the 1999 trial court proceeding. We construe Appellant's response as a notification that he will ask this Court for a declaratory judgment that the statutes in question are unconstitutional. The jurisdiction of a court of appeals is appellate unless the legislature confers original jurisdiction by statute. Tex. Const. art. V, § 6(c). We are not aware of any statute that confers original jurisdiction of declaratory judgment actions to the courts of appeals nor does Appellant cite any such statute. Therefore, we are without jurisdiction in this proceeding. Accordingly, the appeal is dismissed for want of jurisdiction.