Opinion
NO. 01-17-00044-CR
04-13-2017
CHRISTOPHER DAVI OWENS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court Harris County, Texas
Trial Court Cause No. 1489651
MEMORANDUM OPINION
Appellant, Christopher Davi Owens, was initially charged with the first-degree felony offense of aggravated robbery—deadly weapon, under the unrelated trial court cause number 1479501 in 2015. In 2016, appellant was charged with the unrelated state-jail felony offense of burglary of a motor vehicle under the underlying trial court cause number 1489651. On June 23, 2016, after appellant pleaded guilty to the robbery indictment in trial court cause number 1479501, the trial court signed an order granting the State's motion to dismiss appellant's burglary indictment in trial court cause number 1489651. On September 8, 2016, appellant filed a combined pro se notice of appeal for both cases. The trial court certified that trial court cause number 1489651 was not a plea-bargain case and that appellant has a right of appeal, and appointed the same counsel for appellant in both cases. See TEX. R. APP. P. 25.2(a)(2). We dismiss this appeal for want of jurisdiction.
See TEX. PENAL CODE ANN. § 29.03(a)(2), (b) (West Supp. 2016).
See TEX. PENAL CODE ANN. § 30.04(a), (d)(2)(A) (West Supp. 2016).
After appellant was sentenced to twenty years' confinement on August 22, 2016, under trial court cause number 1479501, the Clerk of this Court assigned that appeal to appellate cause number 01-16-00737-CR, which remains pending.
A criminal defendant's notice of appeal must be filed within thirty days after the sentence is imposed or after the day the trial court enters an appealable order, if the defendant has not filed a motion for new trial. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal that complies with the requirements of rule 26 is essential to vest the court of appeals with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. See Slaton, 981 S.W.2d at 210.
Here, the trial court signed the order granting the State's motion to dismiss appellant's burglary indictment in trial court cause number 1489651 on June 23, 2016. Appellant did not timely file a motion for new trial or extension of time to file a notice of appeal, making his notice of appeal due by July 25, 2016. See TEX. R. APP. P. 4.1(a), 26.2(a)(1). Appellant's notice of appeal was not filed until September 8, 2016, seventy-seven days after the order was signed. See id. Thus, under these circumstances, we can take no action other than to dismiss this appeal for want of jurisdiction. See Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 526.
Moreover, even if appellant had timely appealed, this appeal must be dismissed for want of jurisdiction because the clerk's record does not contain a judgment of conviction or appealable order under trial court cause number 1489651. See State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (court of appeals lacks jurisdiction absent written, appealable order); see also Petty v. State, 800 S.W.2d 582, 583 (Tex. App.—Tyler 1990, no writ) (defendant could not appeal trial court dismissal of indictment because defendant was not aggrieved by order).
Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 25.2(d), 43.2(f). We dismiss any pending motions as moot.
PER CURIAM Panel consists of Justices Keyes, Bland, and Huddle. Do not publish. TEX. R. APP. P. 47.2(b).