COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-06-145-CR
CHADRICK LEE CHAPPELL APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
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MEMORANDUM OPINION (footnote: 1)
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On October 6, 2003, the trial court entered a judgment revoking Appellant Chadrick Lee Chappell’s community supervision and sentencing him to six years’ confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant did not file a motion for new trial. Consequently, his notice of appeal was due November 5, 2003. (footnote: 2) His notice of appeal was not filed until March 27, 2006; 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 28, 2006, requesting a response showing grounds for continuing the appeal. Appellant did not respond.
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DO NOT PUBLISH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: June 22, 2006
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
See Tex. R. App. P. 26.2(a)(2).
3:
Id .
4:
Id .
5:
See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
6:
See Tex. R. App. P. 26.2(a)(2), 43.2(f).