Opinion

Larry Jorden v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Aug 28, 2018
Status
Published
Cited by
0 cases
Authority
More cited than 5.1%

The opinion

Opinion issued August 28, 2018

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-18-00206-CR

———————————

LARRY JORDEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court

Harris County, Texas

Trial Court Case No. 1504251

MEMORANDUM OPINION

Appellant, Larry Jorden, attempts to appeal his October 4, 2016 conviction

for possession of cocaine. Under Texas Rule of Appellate Procedure 26.2(a), a

notice of appeal was due on or before November 3, 2016. See TEX. R. APP. P.

26.2(a). Appellant filed his notice of appeal on February 8, 2018.1

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. 43.2(f); Slaton, 981 S.W.2d at 210; Olivo, 918

S.W.2d at 523. We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Brown and Caughey.

Do not publish. TEX. R. APP. P. 47.2(b).

1

Appellant included an unsworn declaration with his notice of appeal, which reflects

that it was executed on February 1, 2018. Nevertheless, even if the notice of appeal

was handed to prison officials, and therefore would be considered filed on February

1, 2018, the notice was untimely. See TEX. R. APP. P. 9.2(b), 26.2(a); Campbell v.

State, 320 S.W.3d 338, 342 (Tex. Crim. App. 2010).

2

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.

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