COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-05-138-CR
WILLIAM HEMMI APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 235 TH DISTRICT COURT OF COOKE COUNTY
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MEMORANDUM OPINION (footnote: 1)
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On January 14, 2005, Appellant William Hemmi pled guilty to possession of methamphetamine with intent to manufacture, and the trial court sentenced him to twenty-five years’ confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a motion for new trial on February 14, 2005. Consequently, his notice of appeal was due April 14, 2005. (footnote: 2) The notice of appeal, dated April 15, 2005, was not filed until April 15, 2005; thus it was untimely. (footnote: 3)
Because the notice of appeal was untimely and it appeared we lacked jurisdiction, we sent a letter to Appellant on April 26, 2005, requesting a response showing grounds for continuing the appeal. We also explained the types of evidence Appellant could submit to show that he had mailed his notice of appeal timely. (footnote: 4) 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: 5) 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: 6) Because Appellant’s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction. (footnote: 7)
PER CURIAM
PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 9, 2005
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
See Tex. R. App. P. 26.2(a)(2).
3:
See id.
4:
See Tex. R. App. P. 9.2(b)(2).
5:
Tex. R. App. P. 26.2(a)(2) ; see Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); York v. State , 69 S.W.3d 792, 794 n.5 (Tex. App.—Fort Worth 2002, no pet.).
6:
See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton , 981 S.W.2d at 210.
7:
See Tex. R. App. P. 26.2(a)(2), 43.2(f).