Opinion
NO. 14-17-00926-CR
02-08-2018
KENNETH JUNIOR ARTHUR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court Harris County, Texas
Trial Court Cause No. 1333489
DISSENTING OPINION
Appellant Kenneth Junior Arthur did not timely perfect this appeal. This court never has had jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). So, this court can take no action other than to dismiss the appeal for lack of jurisdiction. See id; Garcia v. State, 76 S.W.3d 33, 36 (Tex. App.—Amarillo 2001, pet. ref'd). Rather than grant appellant's motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.2(a), this court should dismiss the appeal for lack of jurisdiction. See Slaton, 981 S.W.2d at 210; Garcia, 76 S.W.3d at 36. Granting a motion to dismiss under Rule 42.2(a) does not show that this court lacks jurisdiction over the appeal. See Tex. R. App. P. 42.2(a). Because the court fails to dismiss this appeal for lack of jurisdiction, I respectfully dissent.
/s/ Kem Thompson Frost
Chief Justice Panel consists of Chief Justice Frost and Justices Busby and Wise (per curiam majority) Publish — Tex. R. App. P. 47.2(b)