Ex Parte Ramone Coleman ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00009-CR
EX PARTE RAMONE COLEMAN
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FROM COUNTY CRIMINAL COURT NO. 9 OF TARRANT COUNTY
TRIAL COURT NO. 1163456
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MEMORANDUM OPINION 1
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Ramone Coleman appeals the trial court’s October 15, 2014 denial of his
postconviction application for writ of habeas corpus. See Tex. Code Crim. Proc.
Ann. art. 11.072, § 8 (West Supp. 2014). Appellant filed his notice of appeal on
January 13, 2015. On January 21, 2015, we sent him a letter stating our concern
that we lacked jurisdiction over the appeal because the notice of appeal was not
timely filed. See Tex. R. App. P. 26.2(a)(1). We informed him that the appeal
could be dismissed unless he or any party desiring to continue the appeal filed a
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See Tex. R. App. P. 47.4.
response showing grounds for continuing the appeal on or before February 2,
2015. See Tex. R. App. P. 43.2(f), 44.3.
Appellant filed a response in which he contends that his request for
findings of fact and conclusions of law extended the deadline for filing the notice
of appeal; it does not. See Ex parte Coleman, No. 02-13-00183-CR, 2013 WL
3064515, at *1 (Tex. App.––Fort Worth June 20, 2013, no pet.) (mem. op., not
designated for publication) (rejecting appellant’s same argument in appeal from
order denying prior article 11.072 application). Compare Tex. R. App. P. 26.1(a)
(providing that time for filing notice of appeal is ninety days in civil appeals when
request for findings of fact and conclusions of law is filed), with Tex. R. App. P.
26.2(a) (providing that notice of appeal in criminal cases must be filed within
thirty days of appealable order unless timely motion for new trial filed).
Appellant did not file a timely motion for new trial that would have extended
the time for filing his notice of appeal. Accordingly, we dismiss the appeal for
want of jurisdiction. See Tex. R. App. P. 43.2(f); Slaton v. State, 981 S.W.2d
208, 210 (Tex. Crim. App. 1998) (providing that untimely notice of appeal
deprives appellate court of jurisdiction).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 5, 2014
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