COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00607-CR
Jason Brian Burress § From County Criminal Court No. 4
§ of Denton County (CA-2012-00002-
CCA)
v. § January 31, 2013
§ Per Curiam
The State of Texas § (nfp)
JUDGMENT
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed for
want of jurisdiction.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00607-CR
JASON BRIAN BURRESS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 4 OF DENTON COUNTY
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MEMORANDUM OPINION1
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Appellant Jason Brian Burress attempts to appeal his conviction for
speeding. Appellant appealed his conviction from the municipal court to the
county criminal court, which signed its order on October 23, 2012. No motion for
new trial was filed. Under our rules, Appellant’s notice of appeal was due on
November 26, 2012. See Tex. R. App. P. 26.2(a)(1). Appellant did not file his
notice of appeal, however, until December 3, 2012.
1
See Tex. R. App. P. 47.4.
2
An appellate court may extend the time to file the notice of appeal if, within
fifteen days after the deadline for filing the notice of appeal, the party (a) files in
the trial court the notice of appeal and (b) files in the appellate court a motion
complying with rule 10.5(b). Tex. R. App. P. 26.3. In this case, a motion to
extend time to file the notice of appeal was due on December 11, 2012. See id.
Appellant filed a response to our jurisdiction letter, which we broadly construe as
a motion to extend time to file his notice of appeal, on December 27, 2012. It is,
therefore, untimely.
A notice of appeal that complies with the requirements of rule 26 is
essential to vest this court with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998). The court of criminal appeals has held that, without a
timely filed notice of appeal or motion for extension of time, we cannot exercise
jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim.
App. 1996); see also Slaton, 981 S.W.2d at 210.
Because Appellant’s notice of appeal and motion to extend time to file
notice of appeal were untimely, we have no jurisdiction over this appeal.
Accordingly, we deny the motion to extend time to file notice of appeal and
dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 26.3, 42.3(a),
43.2(f).
PER CURIAM
PANEL: WALKER, MCCOY, and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
3
DELIVERED: January 31, 2013
4