In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-22-00101-CR
JEFFERY DON DAVIDSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th District Court
Red River County, Texas
Trial Court No. CR02932
Before Morriss, C.J., Stevens and van Cleef, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Jeffery Don Davidson has filed an untimely notice of appeal from the trial court’s
judgment adjudicating his guilt of possession of a controlled substance. We dismiss the appeal
for want of jurisdiction.
Sentence was imposed in this matter on May 9, 2022, and Davidson did not file a motion
for new trial. As a result, Davidson’s notice of appeal was due on or before June 8, 2022. See
TEX. R. APP. P. 26.2(a)(1). Davidson’s notice of appeal was filed on July 20, 2022, well after the
June 8 deadline. Consequently, Davidson’s attempt to appeal his conviction in this matter was
untimely. The Texas Court of Criminal Appeals has expressly held that, without a timely filed
notice of appeal, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d
519, 522 (Tex. Crim. App. 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim.
App. 1998) (per curiam).
We notified counsel for Davidson by letter that Davidson’s notice of appeal appeared to
be untimely and that the appeal was subject to dismissal for want of jurisdiction. We afforded
Davidson the opportunity to respond to our letter, through counsel, and to demonstrate how we
have jurisdiction over the appeal notwithstanding the noted defect. In response to our letter,
Davidson’s attorney agreed that this Court lacks jurisdiction over this appeal.
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Because Davidson did not timely file his notice of appeal, we dismiss the appeal for want
of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: September 8, 2022
Date Decided: September 9, 2022
Do Not Publish
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