COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-06-259-CR
RAYMOND DOMONIC COZZI, JR. APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1)
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On November 20, 2003, the trial court sentenced Appellant Raymond Domonic Cozzi, Jr., to ninety days’ confinement in the Tarrant County Jail and fined him $550.00. His notice of appeal was due within thirty days after the day the sentence was imposed, or within ninety days from that day if he timely filed a motion for new trial. (footnote: 2)
Appellant did not file his notice of appeal until July 6, 2006; thus it is untimely. (footnote: 3)
Because the notice of appeal is untimely and it appeared we lacked jurisdiction, we sent a letter to Appellant on August 9, 2006, requesting a response showing grounds for continuing the appeal. Appellant responded, but his response did not present grounds on which we may continue the appeal. A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. (footnote: 4) The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or a timely filed motion for extension of time, we cannot exercise jurisdiction over an appeal. (footnote: 5)
Because Appellant’s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction. (footnote: 6)
PER CURIAM
PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 31, 2006
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
See Tex. R. App. P. 26.2(a)(2).
3:
See id.
4:
Id .
5:
See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
6:
See Tex. R. App. P. 26.2(a)(2), 43.2(f).