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Kenney v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Feb 1, 2018
NO. 02-17-00375-CR (Tex. App. Feb. 1, 2018)

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

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 DO NOT PUBLISH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


Summaries of

Kenney v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Feb 1, 2018
NO. 02-17-00375-CR (Tex. App. Feb. 1, 2018)
Case details for

Kenney v. State

Case Details

Full title:MILES WESLEY KENNEY APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Feb 1, 2018

Citations

NO. 02-17-00375-CR (Tex. App. Feb. 1, 2018)

Citing Cases

Ex parte Kenney

The Second Court of Appeals dismissed his appeal. Kenney v. State, No. 02-17-00375-CR (Tex. App.—Fort Worth…

Ex parte Kenney

The Second Court of Appeals dismissed his appeal. Kenney v. State, No. 02-17-00375-CR (Tex. App.—Fort Worth…