Opinion

John Desmond Johnson v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 31, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued March 31, 2011

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-00687-CR

____________

JOHN DESMOND JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2

Fort Bend County, Texas

Trial Court Cause No. 140610A

MEMORANDUM

OPINION

Appellant

John Desmond Johnson attempts to appeal his June 25, 2010 theft conviction,

imposed pursuant to a plea agreement. Under Texas Rule of Appellate Procedure

26.2(a), a notice of appeal was due on July 26, 2010. Tex. R. App. P. 26.2(a). Appellant, however, filed his notice of appeal

on July 27, 2010. The appellate court

may extend the time to file the notice of appeal if appellant files a motion

requesting an extension of time to file the appeal within 15 days of the

deadline to file the appeal. No motion

for extension of time was filed. See Tex.

R. App. P. 26.3.

A

notice of appeal that complies with the requirements of rule 26 is essential to

vest this court with jurisdiction. See Slaton

v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). The court of criminal appeals has expressly

held that, without a timely filed notice of appeal or motion for extension of

time, we cannot exercise jurisdiction over an appeal. See Olivo v. State , 918

S.W.2d 519, 522 (Tex. Crim. App. 1996); see

also Slaton , 981 S.W.2d at 210 .

Because

the notice of appeal in this case was untimely, we have no basis for

jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of

jurisdiction. See Tex. R. App. P. 25.2(d), 42.3(a),

43.2(f).

PER CURIAM

Panel consists of Chief Justice

Radack and Justices Bland and Brown.

Do not publish. Tex.

R. App. P. 47.2(b).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.