Joseph Rauch v. State ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00276-CR
NO. 02-18-00277-CR
JOSEPH RAUCH APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 16TH DISTRICT COURT OF DENTON COUNTY
TRIAL COURT NOS. F16-1106-16, F16-1107-16
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MEMORANDUM OPINION 1
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Appellant Joseph Rauch attempts to appeal two 2017 trial court
judgments. Because we have no jurisdiction over these appeals, we dismiss
them.
1
See Tex. R. App. P. 47.4.
In trial court cause number F16-1106-16, Appellant pled guilty to first-
degree felony possession of a controlled substance with intent to deliver—a
lesser-included offense of his indicted offense (engaging in organized criminal
activity), in exchange for a sentence of eight years’ confinement. See Tex.
Health & Safety Code Ann. § 481.113(d) (West 2017); Tex. Penal Code Ann.
§ 12.32 (West 2011), § 71.02(a)(5), (b)(3) (West Supp. 2017). In trial court
cause number F16-1107-16, Appellant pled guilty to money laundering in
exchange for one year’s confinement in the state jail division. See Tex. Penal
Code Ann. § 12.35 (West Supp. 2017), § 34.02(a)–(b), (e)(1) (West 2016). The
trial court ordered the two sentences to run concurrently.
The trial court convicted and sentenced Appellant in both cases on March
10, 2017, and Appellant did not file a motion for new trial. Accordingly,
Appellant’s notice of appeal in each case was due by April 10, 2017, but he did
not file his notice of appeal in either case until June 11, 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). His notices of appeal were
therefore filed approximately fourteen months too late. See id.
We informed Appellant by letter of our concern that we lack jurisdiction
over these appeals because his notices of appeal, which were due April 10,
2017, were untimely filed. See Tex. R. App. P. 26.2(a), 26.3(b). We stated that
these appeals would be subject to dismissal absent a response showing grounds
for continuing them. We have received no response.
2
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 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 notices of appeal too late, we dismiss
these appeals for want of jurisdiction. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: PITTMAN, J.; SUDDERTH, C.J.; and BIRDWELL, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 23, 2018
3