Ex Parte Jolando King ( 2018 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00062-CR
Ex parte Jolando King
FROM THE 450TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-16-201710, THE HONORABLE BRAD URRUTIA, JUDGE PRESIDING
MEMORANDUM OPINION
Jolando King has filed a notice of appeal from an order of the trial court denying
his application for writ of habeas corpus filed pursuant to Article 11.072 of the Texas Code of
Criminal Procedure. The district court signed the order denying the application on December 12,
2017. Thus, the deadline for perfecting the appeal was January 11, 2018. See Tex. R. App. P.
26.2(a)(1). King filed his notice of appeal on January 26, 2018, fifteen days after the deadline
for perfecting the appeal. On January 30, 2018, he filed a motion for extension of time to file his
notice of appeal, but the deadline for filing that motion was January 26, 2018. See Tex. R. App.
P. 26.3.
Absent a timely filed notice of appeal, we lack jurisdiction to dispose of this
appeal in any manner other than by dismissing it for want of jurisdiction. See Slaton v. State,
981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 522
(Tex. Crim. App. 1996). We are also without jurisdiction to grant a motion for extension of time
that is filed more than fifteen days after the date that the notice of appeal was due. See Olivo,
918 S.W.2d at 522, 526. Accordingly, we deny the motion for extension of time and dismiss the
appeal for want of jurisdiction.
__________________________________________
David Puryear, Justice
Before Justices Puryear, Pemberton, Bourland
Dismissed for Want of Jurisdiction
Filed: March 7, 2018
Do Not Publish
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