COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00608-CR
Eric James Tomchik, Jr. § From the 371st District Court
§ of Tarrant County (1096754D)
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. 02-12-00608-CR
ERIC JAMES TOMCHIK, JR. APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Pursuant to a plea bargain, Appellant Eric James Tomchik Jr. pled guilty to
indecency with a child by contact, and the trial court convicted him and
sentenced him to fourteen years’ confinement. The trial court imposed the
sentence on October 24, 2008. Appellant did not file a motion for new trial, so
1
See Tex. R. App. P. 47.4.
2
his notice of appeal was due November 24, 2008.2 But the notice of appeal was
not filed until November 30, 2012; thus, it was untimely.
Accordingly, we informed Appellant by letter on December 14, 2012, that
this appeal was subject to dismissal unless he or any party desiring to continue
the appeal filed a response showing grounds for appeal. Appellant filed a
response, but it does not provide grounds for continuing this appeal.
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, this court cannot exercise jurisdiction over an appeal.4
Because Appellant’s notice of appeal was untimely filed, we dismiss this case for
want of jurisdiction.5
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: January 31, 2013
2
See Tex. R. App. P. 26.2(a)(1).
3
See Tex. R. App. P. 26.2(a)(2); Castillo v. State, 369 S.W.3d 196, 198
(Tex. Crim. App. 2012).
4
Castillo, 369 S.W.3d at 198; Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996).
5
See Tex. R. App. P. 26.2(a)(1), 43.2(f).
3