Allen v. State

Full title: CHARLES THOMAS ALLEN, Appellant v. THE STATE OF TEXAS, State

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

Date published: Oct 21, 2004

No. 2-04-403-CR (Tex. App. Oct. 21, 2004)

Opinion

No. 2-04-403-CR

Delivered: October 21, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 16th District Court of Denton County.

Panel D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

MEMORANDUM OPINION ¹

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

PER CURIAM.

On July 20, 2004, the trial court denied Appellant's motion for bail pending appeal. Appellant's notice of appeal from this order was due by August 19, 2004.² The notice of appeal was not filed until September 1, 2004; thus it was untimely.³ Because the notice of appeal was untimely, we sent a letter to Appellant requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction. We received no response. A notice of appeal that complies with the requirements of Rule 26 is essential to vest this court with jurisdiction.⁴ The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal.⁵ Because Appellant's notice of appeal was untimely filed, we dismiss this case for want of jurisdiction.⁶

2 See Tex.R.App.P. 26.2(a)(1).

3 See id.

4 Id.; see Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); York v. State, 69 S.W.3d 792, 794 (Tex.App.-Fort Worth 2002, no pet.).

5 See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); see also Slaton, 981 S.W.2d at 210.

6 See Tex.R.App.P. 26.2(a)(1), 43.2(f).