Opinion
No. 04-18-00006-CR
04-25-2018
Brandon Lee RICE, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 63rd Judicial District Court, Val Verde County, Texas
Trial Court No. 13170CR
Honorable Enrique Fernandez, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice DISMISSED FOR WANT OF JURISDICTION
On October 9, 2015, Brandon Lee Rice was convicted of burglary of habitation. On January 8, 2018, appellant filed a pro se notice of appeal, seeking to appeal his underlying conviction. The clerk's record contains a copy of the judgment of conviction, but does not include a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing a notice of appeal was November 9, 2015. See TEX. R. APP. P.26.2(a)(1). A notice of appeal was not filed, however, until January 8, 2018, and at no point did appellant timely file a motion for extension of time to file the notice of appeal. See id. R. 26.3.
The original deadline for filing a notice of appeal was November 8, 2015; however, because that day fell on a Sunday, the deadline extended to Monday, November 9, 2015. See TEX. R. APP. P. 4.1(a).
Because the notice of appeal appeared to be untimely, we ordered appellant to file a written response in this court on or before April 5, 2018 showing cause why we should not dismiss this appeal for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals' jurisdiction). We also advised appellant that if no satisfactory response was filed within the time provided, we would dismiss the appeal for want of jurisdiction.
In that same order, we also noted the trial court signed a certificate stating this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2). We therefore advised appellant that if jurisdiction was established, we may be required to dismiss the appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." See id. R. 25.2(d).
Appellant has not filed a response showing cause why this appeal should not be dismissed for want of jurisdiction. The timely filing of a written notice of appeal is a jurisdiction prerequisite. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2010). In the absence of a timely filed notice of appeal, we have no option but to dismiss the appeal for want of jurisdiction. See id. Accordingly, because the record establishes the notice of appeal in this case was not timely filed and counsel has failed to provide any documentation to the contrary, we dismiss the appeal for want of jurisdiction. See id.
We could also dismiss the appeal pursuant to Rule 25.2(d), but given we lack jurisdiction, we dismiss on this basis.
PER CURIAM Do Not Publish