Opinion
NO. 02-16-00177-CR
06-30-2016
JORDAN ASHLEY LEIGHTON APPELLANT v. THE STATE OF TEXAS STATE
FROM COUNTY COURT AT LAW NO. 1 OF PARKER COUNTY
TRIAL COURT NO. CCL1-15-0641 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
On March 21, 2016, a jury convicted Appellant Jordan Ashley Leighton of driving with an invalid license with a prior conviction, and the trial court sentenced Appellant to serve ninety days' confinement in jail and pay a $500 fine. Appellant did not file a motion for new trial. The notice of appeal was therefore due April 20, 2016, but Appellant did not file a notice of appeal until May 5, 2016. Appellant did not file a motion for extension of time to file a notice of appeal.
See Tex. Transp. Code Ann. § 521.457(a), (f) (West 2013).
See Tex. R. App. P. 26.2(a)(1).
See Tex. R. App. P. 26.3 (allowing appellate court to extend deadline for filing notice of appeal if appellant files a notice of appeal and motion for extension within fifteen days after the deadline for filing notice of appeal).
We notified the parties of our concern that we lack jurisdiction over this appeal because the notice of appeal was untimely filed and warned that unless we received a response by May 16, 2016, showing grounds for continuing the appeal, the appeal could be dismissed. We have received no response.
A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. The Texas Court of Criminal Appeals has expressly held that without a timely filed notice of appeal or motion for extension of time, this court cannot exercise jurisdiction over an appeal.
See Tex. R. App. P. 26.2(a)(1); Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012).
Castillo, 369 S.W.3d at 198; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
Accordingly, we dismiss this appeal for want of jurisdiction.
See Tex. R. App. P. 43.2(f). --------
PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: June 30, 2016