Rafael Villard v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00290-CR
No. 02-19-00291-CR
___________________________
RAFAEL VILLARD, Appellant
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 3
Tarrant County, Texas
Trial Court Nos. 1454393D, 1474527D
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
Appellant Rafael Villard attempts to appeal from (1) the trial court’s judgment
adjudicating him guilty of assault of a family member by impeding the breathing or
circulation of the victim, with a previous family-violence conviction, and (2) the trial
court’s judgment convicting him of assault of a family or household member, with a
previous family-violence conviction. See Tex. Penal Code Ann. § 22.01(b)(2)(A), (b-3).
On February 10, 2017, the trial court sentenced Villard to three years’ confinement in
each case with the sentences to run concurrently. Because Villard did not move for a
new trial in either case, his notice of appeal in each case was due no later than March
13, 2017. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Over two years later, on July 25, 2019,
Villard filed a notice of appeal attempting to appeal from both judgments.
On August 1, 2019, we notified Villard by letter of our concern that we lacked
jurisdiction over these appeals because the notice of appeal was untimely filed. See
Tex. R. App. P. 26.2(a)(1). We advised him that unless we received a response by
August 12, 2019, showing grounds for continuing the appeals, the appeals could be
dismissed for want of jurisdiction. See Tex. R. App. P. 44.3. We have received no
response.
Our appellate jurisdiction is triggered through a timely filed notice of appeal.
See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If a notice of appeal is
not timely filed under rule 26.2, we do not have jurisdiction to address the merits of
the appeal and may take no action other than to dismiss it. See Slaton v. State,
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981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Because Villard’s notice of appeal was
untimely filed, we dismiss these appeals for want of jurisdiction. See Tex. R. App. P.
26.2(a)(1), 43.2(f).
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: September 26, 2019
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