TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00566-CR
Joe Ed Davis, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 391ST JUDICIAL DISTRICT
NO. D-12-0989-SB, THE HONORABLE THOMAS J. GOSSETT, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Joe Ed Davis seeks to appeal from a judgment of conviction for indecency
with a child by sexual contact. See Tex. Penal Code § 21.11(a)(1). Appellant’s sentence was
imposed on April 14, 2014. Appellant timely filed a motion for new trial on May 13, 2014.
Therefore, the deadline for perfecting appeal was July 14, 2014. See Tex. R. App. P. 26.2(a)(1).
Notice of appeal was filed in the trial court on September 4, 2014. On September 8, 2014, appellant
filed a motion requesting an extension of time for filing the notice of appeal in this Court.
The Rules of Appellate Procedure allow an appellate court to extend the time to file
the notice of appeal if, within 15 days after the deadline for filing the notice of appeal, the appellant:
(1) files the notice of appeal in the trial court, and (2) files a motion for extension in the appellate
court. See Tex. R. App. P. 26.3. Here, both the notice of appeal and the motion for extension of
time were filed more than 15 days after the deadline for filing the notice of appeal: the notice of
appeal was filed in the trial court 52 days after the deadline, the motion for extension was filed in
this Court 56 days after the deadline. Thus, both are untimely and we are without authority to extend
the time to file the notice of appeal. See Strange v. State, 258 S.W.3d 184, 186–87 (Tex.
App.—Houston [1st Dist.] 2007, pet. ref’d) (“The limited, 15-day extended time period applies to
both the notice [of appeal] and the motion for extension; both must be filed within the 15-day time
period.”). The motion for extension is denied.
The timely filing of a written notice of appeal is essential to vest this Court with
jurisdiction. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Olivo v. State,
918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Because appellant failed to timely file a notice of
appeal in compliance with Rule 26 of the Rules of Appellate Procedure, we lack jurisdiction to
dispose of this attempted appeal in any manner other than by dismissing it for want of jurisdiction.
See Castillo, 369 S.W.3d at 198. Accordingly, the appeal is dismissed.
__________________________________________
Melissa Goodwin, Justice
Before Chief Justice Jones, Justices Rose and Goodwin
Dismissed for Want of Jurisdiction
Filed: September 19, 2014
Do Not Publish
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