NUMBER 13-14-00652-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
THE STATE OF TEXAS, Appellant,
v.
GLENN WRIGHTMAN, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 2
of Nueces County, Texas.
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MEMORANDUM OPINION
Before Justices Benavides, Perkes, and Longoria
Memorandum Opinion Per Curiam
On October 17, 2014, the trial court signed an order granting appellee Wrightman’s
motion to dismiss for lack of speedy trial. The State filed its notice of appeal on
November 7, 2014. See TEX. CODE CRIM. PROC. ANN. art. 44.01 (granting the state the
right to appeal certain orders in criminal cases).
The State must file its notice of appeal within twenty days after the court enters the
order being appealed. See TEX. CODE CRIM. PROC. ANN. art. 44.01(d); TEX. R. APP. P.
26.2(b). The time within which to file the notice may be enlarged if, within fifteen days
after the deadline for filing the notice, the party files the notice of appeal and a motion
complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. 26.3.
The State’s notice of appeal was due on November 6, 2014. The State did not
file a motion for extension of time to file its notice of appeal. On December 10, 2014, the
Clerk of this Court notified the State that it appeared that the appeal was not timely
perfected and that the appeal would be dismissed if the defect was not corrected within
ten days from the date of receipt of the Court’s directive. The State has not filed a
response.
This Court's appellate jurisdiction in a criminal case is invoked by a timely filed
notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent
a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the
merits of the appeal and can take no action other than to dismiss the appeal for want of
jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
The State’s notice of appeal was untimely, and accordingly, we lack jurisdiction
over the appeal. See Slaton, 981 S.W.2d at 210. The appeal is DISMISSED FOR
WANT OF JURISDICTION.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
22nd day of January, 2015.
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