Jack Lamar Taylor v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00059-CR
___________________________
JACK LAMAR TAYLOR, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 372nd District Court
Tarrant County, Texas
Trial Court No. 0908137D
Before Pittman, Birdwell, and Bassel, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Jack Lamar Taylor, also known as Michael Taylor, attempts to appeal
his May 2004 burglary conviction and sentence. Because we have no jurisdiction, we
dismiss this appeal.
A repeat offender, Appellant pled guilty to burglary of a habitation in exchange
for an eight-year sentence. See Tex. Penal Code Ann. §§ 12.42(b), 30.02(a)(1), (c)(2).
The trial court convicted and sentenced Appellant on May 5, 2004, and he did not file
a motion for new trial. Accordingly, Appellant’s notice of appeal was due by June 4,
2004, but he did not file it until February 7, 2019. See Tex. R. App. P. 26.2(a)
(providing that a notice of appeal must be filed within thirty days of sentencing absent
a timely motion for new trial). Appellant’s notice of appeal was therefore filed more
than fourteen years too late. See id.
We informed Appellant by letter of our concern that we lack jurisdiction over
this appeal because his notice of appeal was untimely filed. See Tex. R. App. P.
26.2(a). We stated that the appeal would be subject to dismissal absent a response
showing grounds for continuing it. We have not received a response.
A notice of appeal that complies with the requirements of rule 26 is essential to
vest this court with jurisdiction over an appeal. See Tex. R. App. P. 26.2. The Texas
Court of Criminal Appeals has expressly held that without a timely filed notice of
appeal, we cannot exercise jurisdiction over an appeal. Olivo v. State, 918 S.W.2d 519,
522 (Tex. Crim. App. 1996).
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Because Appellant filed his pro se notice of appeal too late, we dismiss this
appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: April 11, 2019
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