Ronny Wagner v. State ( 2019 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-19-00173-CR
RONNY WAGNER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th District Court
Bowie County, Texas
Trial Court No. 18F0035005
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
Ronny Wagner has filed an untimely notice of appeal from a conviction of unauthorized
use of a vehicle. 1 We dismiss the appeal for want of jurisdiction.
The judgment of conviction in this matter indicates that Wagner’s sentence was imposed
on May 2, 2019, and Wagner timely filed a motion for new trial. Under Rule 26.2(a) of the Texas
Rules of Appellate Procedure, the deadline for filing a notice of appeal under these circumstances
was July 31, 2019. See TEX. R. APP. P. 26.2(a)(2). Wagner’s notice of appeal was not filed until
August 19, 2019. The Texas Court of Criminal Appeals has expressly held that without a timely
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).
We notified Wagner by letter that his notice of appeal appeared to be untimely and that the
appeal was subject to dismissal for want of jurisdiction. Wagner did not respond to our letter.
Because Wagner did not timely file his notice of appeal, we dismiss the appeal for want of
jurisdiction.
Ralph K. Burgess
Justice
Date Submitted: September 11, 2019
Date Decided: September 12, 2019
Do Not Publish
1
See TEX. PENAL CODE ANN. § 31.07.
2