COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00247-CR
LISA DIANN ATKINS APPELLANT
V.
THE STATE OF TEXAS STATE
----------
FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
TRIAL COURT NO. 1394910D
----------
MEMORANDUM OPINION1
----------
Through a plea bargain in July 2015, appellant Lisa Diann Atkins pled
guilty to aggravated robbery,2 and on the same day, the trial court convicted her
of that offense and sentenced her to five years’ confinement.
1
See Tex. R. App. P. 47.4.
2
See Tex. Penal Code Ann. § 29.03(a)(2) (West 2011).
Appellant’s notice of appeal, filed June 15, 2016, was not timely.3 See
Tex. R. App. P. 26.2(a). On June 21, 2016, we sent appellant a letter expressing
our concern that we lack jurisdiction. We explained that the notice of appeal was
not timely filed. We informed appellant that we could dismiss the appeal unless
she filed a response that showed grounds for continuing it. Appellant responded
to our letter, but her response did not show grounds for continuing the appeal.
Pursuant to rule 26.2 of the rules of appellate procedure, a notice of appeal
must be filed within thirty days after the date sentence is imposed, or within
ninety days after the date sentence is imposed if the defendant files a timely
motion for a new trial. See Tex. R. App. P. 26.2(a)(1)–(2). 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).
Without a timely filed notice of appeal, we lack jurisdiction over the appeal and
may take no action other than to dismiss the appeal. Id.; Olivo v. State, 918
S.W.2d 519, 522–23 (Tex. Crim. App. 1996). Because appellant’s notice of
appeal is untimely, we dismiss the appeal for want of jurisdiction. See Tex. R.
3
We construe appellant’s June 15, 2016 filing as a notice of appeal even
though the title of the filing is “Motion to Request Permission to Appeal Weapon
Charge.”
2
App. P. 26.2(a), 43.2(f).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 25, 2016
3