Larry Charles Perry v. State ( 2018 )


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  •                          COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-18-00298-CR
    LARRY CHARLES PERRY                                                 APPELLANT
    V.
    THE STATE OF TEXAS                                                        STATE
    ----------
    FROM THE 30TH DISTRICT COURT OF WICHITA COUNTY
    TRIAL COURT NO. 58,250-A
    ----------
    MEMORANDUM OPINION1
    ----------
    Appellant Larry Charles Perry attempts to appeal a judgment convicting
    him of evading arrest or detention using a vehicle. On July 12, 2018, we notified
    Perry of our concern that we lack jurisdiction over this appeal because the notice
    of appeal was not timely filed. Perry’s sentence was imposed on March 1, 2018,
    and a motion for new trial was filed on March 12, 2018; therefore, Perry’s notice
    1
    See Tex. R. App. P. 47.4.
    of appeal was due by May 30, 2018, but was not filed until June 26, 2018. See
    Tex. R. App. P. 26.2(a)(2).      We informed Perry that this appeal would be
    dismissed for want of jurisdiction unless he or any party desiring to continue the
    appeal filed a response by July 23, 2018, showing grounds for continuing the
    appeal. See Tex. R. App. P. 44.3. We have received no response. Accordingly,
    we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a),
    43.2(f); Olivo v. State, 
    918 S.W.2d 519
    , 522 (Tex. Crim. App. 1996) (“A timely
    notice of appeal is necessary to invoke a court of appeals’ jurisdiction.”).
    PER CURIAM
    PANEL: MEIER, GABRIEL, and KERR, JJ.
    DO NOT PUBLISH
    Tex. R. App. P. 47.2(b)
    DELIVERED: August 16, 2018
    2
    

Document Info

Docket Number: 02-18-00298-CR

Filed Date: 8/16/2018

Precedential Status: Precedential

Modified Date: 8/18/2018