George S. Chapple III v. State ( 2018 )


Menu:
  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-18-00535-CR
    George S. CHAPPLE III,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 227th Judicial District Court, Bexar County, Texas
    Trial Court No. 2016CR7642
    The Honorable Laura Lee Parker, Judge Presiding
    PER CURIAM
    Sitting:          Karen Angelini, Justice
    Marialyn Barnard, Justice
    Rebeca C. Martinez, Justice
    Delivered and Filed: September 26, 2018
    DISMISSED FOR LACK OF JURISDICTION
    A notice of appeal that complies with the requirements of Rule 26 of the Texas Rules of
    Appellate Procedure is essential to vest the appellate court with jurisdiction. Slaton v. State, 
    981 S.W.2d 208
    , 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, an appellate court
    does not obtain jurisdiction to address the merits of the appeal and it can take no action other than
    to dismiss the appeal. 
    Id. Here, appellant’s
    sentence was imposed on October 13, 2017. Because appellant did not
    timely file a motion for new trial, the notice of appeal was due to be filed on November 12, 2017.
    04-18-00535-CR
    TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on
    November 27, 2017. TEX. R. APP. P. 26.3. However, appellant did not file his notice of appeal until
    July 30, 2018. Because the notice of appeal in this case was not timely filed, we lack jurisdiction
    over this appeal. See 
    Slaton, 981 S.W.2d at 210
    ; see also Ater v. Eighth Court of Appeals, 
    802 S.W.2d 241
    , 243 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the
    Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions).
    We ordered appellant to show cause why this appeal should not be dismissed for lack of
    jurisdiction. Appellant did not respond. We, therefore, dismiss this appeal for lack of jurisdiction.
    PER CURIAM
    Do not publish
    -2-
    

Document Info

Docket Number: 04-18-00535-CR

Filed Date: 9/26/2018

Precedential Status: Precedential

Modified Date: 9/27/2018