Exavier Rhysen Ruffin v. State ( 2018 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00443-CR
Exavier Rhysen Ruffin, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT
NO. 70880, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
Exavier Rhysen Ruffin seeks to appeal his May 1, 2017 judgment of conviction.
The thirty-day deadline for perfecting the appeal was May 31, 2017, and the deadline for filing an
extension of time to file the notice of appeal was June 15, 2017. See Tex. R. App. P. 26.2(a)(1),
26.3. However, Ruffin did not file his notice of appeal until June 5, 2018, and he did not file any
extension of time to file his notice of appeal.
Under the circumstances, we lack jurisdiction to dispose of this purported appeal in
any manner other than by dismissing it for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519,
522–23 (Tex. Crim. App. 1996) (concluding that when belated notice of appeal is filed without
timely motion for extension of time to file notice of appeal, appellate court must dismiss purported
appeal for lack of jurisdiction); see also Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998) (holding that amendments to rules of appellate procedure did not affect Olivo’s rationale
requiring timely notice of appeal to vest appellate court with jurisdiction).
The appeal is dismissed for want of jurisdiction.
_________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed for Want of Jurisdiction
Filed: July 18, 2018
Do Not Publish
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