From Casetext: Smarter Legal Research

Vandver v. State

Court of Appeals of Texas, Sixth District, Texarkana
Jul 30, 2008
No. 06-08-00155-CR (Tex. App. Jul. 30, 2008)

Opinion

No. 06-08-00155-CR

Submitted: July 29, 2008.

Decided: July 30, 2008 DO NOT PUBLISH.

On Appeal from the 336th Judicial District Court, Fannin County, Texas, Trial Court No. 22060.

Before MORRISS, C.J., CARTER and MOSELEY, JJ. Memorandum Opinion by Justice CARTER.


MEMORANDUM OPINION


Jonathan Lynn Vandver appeals from his guilty verdict for sexual assault of a child. The sentence was imposed November 14, 2007. Vandver did not file a motion for new trial, and his appeal was filed July 10, 2008. Vandver had thirty days after the day sentence was imposed to file a notice of appeal. See Tex. R. App. P. 26.2(a)(1). Therefore, Vandver had until December 14, 2007, to file a notice of appeal. This appeal is untimely and we are without jurisdiction to hear this case. We dismiss this appeal for want of jurisdiction.

We note that the trial entered a handwritten notation July 15, 2008, that the appeal was untimely filed. While the trial court was correct about the timeliness of the appeal, whether this Court has jurisdiction is an issue for this Court to determine. A trial court may in certain circumstances deny an appellant permission to appeal, but the court has no authority to deny the right of appeal in its entirety. Ex parte Zigmond, 933 S.W.2d 666 (Tex.App.-San Antonio 1996, no pet.); see Samaniego v. State, 952 S.W.2d 50, 51 n. 2 (Tex.App.-San Antonio 1997, no pet.).


Summaries of

Vandver v. State

Court of Appeals of Texas, Sixth District, Texarkana
Jul 30, 2008
No. 06-08-00155-CR (Tex. App. Jul. 30, 2008)
Case details for

Vandver v. State

Case Details

Full title:JONATHAN LYNN VANDVER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Jul 30, 2008

Citations

No. 06-08-00155-CR (Tex. App. Jul. 30, 2008)