Erica June Lovewell v. the State of Texas ( 2023 )

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-23-00069-CR
ERICA JUNE LOVEWELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th District Court
Bowie County, Texas
Trial Court No. 19F1330-005
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
Erica June Lovewell has filed an untimely notice of appeal from the trial court’s
judgment revoking her community supervision and sentencing her to two years’ incarceration for
possession of a controlled substance. We dismiss the appeal for want of jurisdiction.
Sentence was imposed in this matter on October 31, 2022, and Lovewell did not file a
motion for new trial. As a result, Lovewell’s notice of appeal was due on or before
November 30, 2022. See TEX. R. APP. P. 26.2(a)(1). Lovewell’s notice of appeal was not filed
until March 30, 2023, well past the deadline for filing such notice. Consequently, Lovewell’s
attempt to appeal her revocation judgment in this matter was untimely. The Texas Court of
Criminal Appeals has expressly held that, without a timely filed notice of appeal, we cannot
exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.
1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998) (per curiam).
By letter dated April 21, 2023, we notified Lovewell that her notice of appeal appeared to
be untimely and that the appeal was subject to dismissal for want of jurisdiction. We gave
Lovewell twenty days to respond to our letter and to demonstrate how we have jurisdiction over
the appeal notwithstanding the noted defect. Lovewell did not respond to our letter.
Because Lovewell did not timely file her notice of appeal, we dismiss the appeal for want
of jurisdiction.
Jeff Rambin
Justice
Date Submitted: May 15, 2023
Date Decided: May 16, 2023
Do Not Publish
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