Opinion
No. 05-18-00544-CR
05-31-2018
JOHN HOLLAND, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-44808-S
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Schenck
Opinion by Justice Lang-Miers
John Holland appeals his conviction for committing a terroristic threat by threatening to commit aggravated assault and murder, offenses involving violence, with the intent to place the public or a substantial group of the public, namely the staff and patients at Parkland Memorial hospital, in fear of imminent serious bodily injury. TEX. PENAL CODE ANN. § 22.07(a)(5) (West Supp. 2017). On October 27, 2017, appellant pleaded guilty pursuant to a plea bargain with the State, and the trial court placed him on deferred adjudication for five years. Appellant filed a notice of appeal in the trial court on May 4, 2018; that notice was forwarded to this Court on May 9, 2018.
In a criminal case where no motion for new trial has been filed, an appellant invokes the jurisdiction of this Court by filing a written notice of appeal within thirty days after the date sentence was imposed. See TEX. R. APP. P. 26.2(a). The appellate court may grant an extension to file a notice of appeal if, within fifteen days after the due date for the notice of appeal, the prospective appellant files in the trial court a written notice of appeal and files in the appellate court a motion to extend the time to file the notice of appeal. See TEX. R. APP. P. 10.5(b)(2), 26.3. Absent a timely notice of appeal or a timely request for extension, this Court does not have jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
Here, appellant's sentence was imposed on October 27, 2017. He did not file a timely motion for new trial; thus, his notice of appeal was due by November 27, 2017. Because he filed his notice of appeal on May 4, 2018, we lack jurisdiction over this appeal.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 180544F.U05
JUDGMENT
On Appeal from the 282nd Judicial District Court, Dallas County, Texas.
Trial Court Cause No. F16-44808-S.
Opinion delivered by Justice Lang-Miers, Justices Evans and Schenck participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 31st day of May, 2018.