Opinion
NO. 01-11-01016-CR
02-23-2012
MARK ANTHONY CHILDS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 240th District Court
Fort Bend County, Texas
Trial Court Cause No. 10-DCR-054540
MEMORANDUM OPINION
Appellant, Mark Anthony Childs, attempts to appeal his October 7, 2011 conviction for felony criminal mischief. Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on or before November 7, 2011. See TEX. R. APP. P. 26.2(a). Appellant filed his notice of appeal on November 16, 2011.
The certificate of service for Appellant's notice of appeal reflects that it was served on all parties on November 14, 2011, not on the file-marked date of November 16, 2011. Nevertheless, even if the notice of appeal is considered filed on November 14, 2011, the notice was untimely. See TEX. R. APP. P. 9.2(b), 26.2(a).
A notice of appeal that complies with the requirements of Rule 26 is essential to vest this court with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). The 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. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.
Because the notice of appeal in this case was untimely, we have no basis for jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f); Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 523. We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Massengale, and Huddle. Do not publish. TEX. R. APP. P. 47.2(b).