Kenneth Wayne Acy, Jr. v. State ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00677-CR
Kenneth Wayne Acy, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT
NO. A-14-1120-SA, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Kenneth Wayne Acy, Jr., seeks to appeal from judgments of conviction for
two counts of aggravated assault with a deadly weapon, see Tex. Penal Code § 22.02(a)(2), and one
count of unlawful possession of a firearm by a felon, see id. 46.04(a). Following the jury verdict of
guilty, sentence was imposed on July 1, 2015.
Rule 26.2 of the Texas Rules of Appellate Procedure provides that an appeal is
perfected in a criminal case when notice of appeal is filed within thirty days after the day sentence
is imposed or suspended in open court unless a motion for new trial is timely filed. Tex. R. App.
P. 26.2(a)(1). Where a timely motion for new trial has been filed, notice of appeal must be filed
within ninety days after the sentence is imposed or suspended in open court. Tex. R. App. P.
26.2(a)(2). Compliance with Rule 26—the timely filing of a notice of appeal—is essential to vest
this Court with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo
v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
In this case, the trial court imposed sentence on July 1, 2015. Appellant filed a timely
motion for new trial on July 23, 2015. Therefore, appellant’s notice of appeal was due ninety days
after the sentence was imposed, on September 29, 2015. Appellant filed his notice on
October 27, 2015. Thus, appellant’s notice of appeal is untimely. This Court’s appellate jurisdiction
in a criminal case is invoked by a timely filed notice of appeal. See State v. Riewe, 13 S.W.3d 408,
410 (Tex. Crim. App. 2000); Olivo, 918 S.W.2d at 522. Absent a timely filed notice of appeal, we
do not obtain jurisdiction to address the merits of the appeal in a criminal case and can take no action
other than to dismiss the appeal for want of jurisdiction. See Slaton, 981 S.W.2d at 210.
Accordingly, we dismiss this appeal for want of jurisdiction.
__________________________________________
Melissa Goodwin, Justice
Before Justices Puryear, Goodwin, and Bourland
Dismissed for Want of Jurisdiction
Filed: November 13, 2015
Do Not Publish
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