COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-471-CR
NO. 2-08-472-CR
NO. 2-08-473-CR
NO. 2-08-474-CR
NO. 2-08-475-CR
STEPHON LAMAR HARRIS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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The trial court convicted Appellant Stephon Lamar Harris upon his open
pleas of guilty to five offenses: possession of marijuana in the amount of five
pounds or less but more than four ounces; possession of a controlled substance
of less than one gram, namely, cocaine; attempted assault causing bodily injury
1
… See Tex. R. App. P. 47.4.
to a public servant discharging an official duty; and two counts of engaging in
organized criminal activity, to wit: aggravated assault with a deadly weapon.
The trial court imposed the sentence in each case on June 27, 2008. Appellant
did not file a motion for new trial in any of his cases, so his notice of appeal in
each case was due July 28, 2008. 2 He did not file his notices of appeal until
December 11, 2008; thus, they were untimely.
Accordingly, we informed Appellant’s appointed counsel and Appellant
by letter on December 19, 2008 that these appeals were subject to dismissal
unless Appellant or any party showed grounds for continuing the appeals on or
before December 29, 2008. We have not received a response.
A notice of appeal that complies with the requirements of rule 26 is
essential to vest this court with jurisdiction.3 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. 4
2
… See Tex. R. App. P. 26.2(a)(1) (providing that notice of appeal must
be filed within thirty days of sentencing).
3
… Id.
4
… Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
2
Because Appellant’s notices of appeal were untimely filed, we dismiss
these cases for want of jurisdiction.5
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 5, 2009
5
… See Tex. R. App. P. 26.2(a)(1), 43.2(f).
3
Stephon Lamar Harris v. State
Combined Opinion