Chadrick Lee Chappell v. State ( 2006 )

                                               COURT OF APPEALS

                                                 SECOND DISTRICT OF TEXAS

                                                                FORT WORTH

                                        NO. 2-06-145-CR  

CHADRICK LEE CHAPPELL                                                    APPELLANT

                                                   V.

THE STATE OF TEXAS                                                                STATE

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              FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

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                                MEMORANDUM OPINION^[1]

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On October 6, 2003, the trial court entered a judgment revoking Appellant Chadrick Lee Chappell=s community supervision and sentencing him to six years= confinement in the Institutional Division of the Texas Department of Criminal Justice.  Appellant did not file a motion for new trial. Consequently, his notice of appeal was due November 5, 2003.^[2]  His notice of appeal was not filed until March 27, 2006; thus it was untimely.^[3]

Because the notice of appeal was untimely and it appeared we lacked jurisdiction, we sent a letter to Appellant on April 28, 2006, requesting a response showing grounds for continuing the appeal.  Appellant did not respond.

A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction.^[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.^[5]  Because Appellant=s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction.^[6]

PER CURIAM

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

DO NOT PUBLISH

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

DELIVERED: June 22, 2006

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^[1]See Tex. R. App. P. 47.4.

^[2]See Tex. R. App. P. 26.2(a)(2).

^[3]Id.

^[4]Id.

^[5]See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

^[6]See Tex. R. App. P. 26.2(a)(2), 43.2(f).