Opinion
NO. 02-17-00375-CR
02-01-2018
MILES WESLEY KENNEY APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 415TH DISTRICT COURT OF PARKER COUNTY
TRIAL COURT NO. CR17-0059 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
On September 26, 2017, the trial court sentenced appellant Miles Wesley Kenney to seventeen years' confinement for evading arrest or detention while using a vehicle. That same day, the trial court certified that Kenney had the right to appeal his conviction. On November 15, 2017, Kenney sent a letter to the trial court expressing his desire to appeal. On November 17, 2017, the district clerk file-stamped Kenney's letter.
See Tex. Penal Code Ann. § 38.04(a), (b)(2) (West 2016). Kenney's judgment of conviction states that a prior felony conviction enhanced his sentencing range to that of a second-degree felony. See id. § 12.42(a) (West Supp. 2017).
On November 20, 2017, we sent a letter to Kenney expressing our concern that we lack jurisdiction over the appeal because his notice of appeal—his letter—was not timely filed. We stated that unless he filed a response showing grounds for continuing the appeal, we would dismiss it. See Tex. R. App. P. 44.3.
We have not received such a response. Kenney's untimely notice of appeal is insufficient to invoke our jurisdiction. See Tex. R. App. P. 25.2(b), 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
/s/ Wade Birdwell
WADE BIRDWELL
JUSTICE PANEL: SUDDERTH, C.J.; WALKER and BIRDWELL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: February 1, 2018