Miles Wesley Kenney v. State ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-17-00375-CR
MILES WESLEY KENNEY APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 415TH DISTRICT COURT OF PARKER COUNTY
TRIAL COURT NO. CR17-0059
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MEMORANDUM OPINION1
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On September 26, 2017, the trial court sentenced appellant Miles Wesley
Kenney to seventeen years’ confinement for evading arrest or detention while
using a vehicle.2 That same day, the trial court certified that Kenney had the right
1
See Tex. R. App. P. 47.4.
See Tex. Penal Code Ann. § 38.04(a), (b)(2) (West 2016). Kenney’s
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judgment of conviction states that a prior felony conviction enhanced his
to appeal his conviction. On November 15, 2017, Kenney sent a letter to the trial
court expressing his desire to appeal. On November 17, 2017, the district clerk
file-stamped Kenney’s letter.
On November 20, 2017, we sent a letter to Kenney expressing our concern
that we lack jurisdiction over the appeal because his notice of appeal—his
letter—was not timely filed. We stated that unless he filed a response showing
grounds for continuing the appeal, we would dismiss it. See Tex. R. App. P.
44.3.
We have not received such a response. Kenney’s untimely notice of
appeal is insufficient to invoke our jurisdiction. See Tex. R. App. P. 25.2(b),
26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f); Slaton v. State,
981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
/s/ Wade Birdwell
WADE BIRDWELL
JUSTICE
PANEL: SUDDERTH, C.J.; WALKER and BIRDWELL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 1, 2018
sentencing range to that of a second-degree felony. See id. § 12.42(a) (West
Supp. 2017).
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