In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00538-CR
___________________________
DAVID ALFORD, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 16th District Court
Denton County, Texas
Trial Court No. F16-2926-16
Before Pittman, Birdwell, and Bassel, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant David Alford attempts to appeal an April 2018 conviction and
sentence. Because we have no jurisdiction, we dismiss this appeal.
In trial court cause number F16-2926-16, Appellant pled guilty to unauthorized
use of a vehicle, a state jail felony, in exchange for credit for time served and a jail
sentence instead of confinement in the state jail division. See Tex. Penal Code Ann.
§§ 12.35(a), 12.44(a), 31.07. The trial court convicted and sentenced Appellant on
April 4, 2018, and Appellant did not file a motion for new trial. Accordingly,
Appellant’s notice of appeal was due by May 4, 2018, but he did not file it until
December 10, 2018. See Tex. R. App. P. 26.2(a) (providing that a notice of appeal
must be filed within thirty days of sentencing absent a timely motion for new trial).
Appellant’s notice of appeal was therefore filed approximately seven months too late.
See id.
We informed Appellant by letter of our concern that we lack jurisdiction over
this appeal because his notice of appeal was untimely filed. See Tex. R. App. P.
26.2(a). We stated that the appeal would be subject to dismissal absent a response
showing grounds for continuing it. Appellant responded, but his response does not
show a ground for continuing the appeal.
A notice of appeal that complies with the requirements of rule 26 is essential to
vest this court with jurisdiction over an appeal. See Tex. R. App. P. 26.2. The Texas
Court of Criminal Appeals has expressly held that without a timely filed notice of
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appeal, we cannot exercise jurisdiction over an appeal. Olivo v. State, 918 S.W.2d 519,
522 (Tex. Crim. App. 1996).
Because Appellant filed his pro se notice of appeal too late, we dismiss this
appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: February 14, 2019
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