Charles Thomas Allen v. State ( 2004 )

Charles Thomas Allen v. The State of Texas

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-403-CR

CHARLES THOMAS ALLEN APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 16 TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)}

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On July 20, 2004, the trial court denied Appellant’s motion for bail pending appeal.  Appellant’s notice of appeal from this order was due by August 19, 2004. ^{(footnote: 2)}  The notice of appeal was not filed until September 1, 2004; thus it was untimely. ^{(footnote: 3)}

Because the notice of appeal was untimely, we sent a letter to Appellant requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction.  We received no response.

A notice of appeal that complies with the requirements of Rule 26 is essential to vest this court with jurisdiction. ^{(footnote: 4)}  The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal. ^{(footnote: 5)}   Because Appellant’s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction. ^{(footnote: 6)}

PER CURIAM

PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  October 21, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

See Tex. R. App. P. 26.2(a)(1).

3:

See id.

4:

Id. ; see Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); York v. State , 69 S.W.3d 792, 794 (Tex. App.—Fort Worth 2002, no pet.).

5:

See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton , 981 S.W.2d at 210.

6:

See Tex. R. App. P. 26.2(a)(1), 43.2(f).