James Eric Grant v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-14-00447-CR James Eric Grant, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 67168, THE HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING MEMORANDUM OPINION Appellant James Eric Grant seeks to appeal from a judgment adjudicating him guilty of possession of a controlled substance. See Tex. Code Crim. Proc. art. 42.12, §§ 5(b), 21, 23; Tex. Health & Safety Code § 482.115. Sentence was imposed on June 6, 2014. No motion for new trial was filed. Therefore, the deadline for perfecting appeal was July 7, 2014. See Tex. R. App. P. 26.2(a)(1). Appellant filed his notice of appeal on July 17, 2014. No extension of time for filing the notice of appeal was requested. See Tex. R. App. P. 26.3. Thus, appellant’s notice of appeal, filed 41 days after sentence was imposed, is untimely. Absent a timely filed notice of appeal, we do not obtain jurisdiction to address the merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996). Accordingly, we dismiss this appeal for want of jurisdiction. __________________________________________ Melissa Goodwin, Justice Before Chief Justice Jones, Justices Rose and Goodwin Dismissed for Want of Jurisdiction Filed: October 31, 2014 Do Not Publish 2