COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-403-CR
CHARLES THOMAS ALLEN APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 16 TH DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION (footnote: 1)
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On July 20, 2004, the trial court denied Appellant’s motion for bail pending appeal. Appellant’s notice of appeal from this order was due by August 19, 2004. (footnote: 2) The notice of appeal was not filed until September 1, 2004; thus it was untimely. (footnote: 3)
Because the notice of appeal was untimely, we sent a letter to Appellant requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction. We received no response.
A notice of appeal that complies with the requirements of Rule 26 is essential to vest this court with jurisdiction. (footnote: 4) The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal. (footnote: 5) Because Appellant’s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction. (footnote: 6)
PER CURIAM
PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 21, 2004
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
See Tex. R. App. P. 26.2(a)(1).
3:
See id.
4:
Id. ; see Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); York v. State , 69 S.W.3d 792, 794 (Tex. App.—Fort Worth 2002, no pet.).
5:
See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton , 981 S.W.2d at 210.
6:
See Tex. R. App. P. 26.2(a)(1), 43.2(f).