Zachariah Elias Vanderburg v. State ( 2009 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-051-CR
ZACHARIAH ELIAS VANDERBURG APPELLANT
V.
THE STATE OF TEXAS STATE
------------
FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
------------
MEMORANDUM OPINION 1
------------
Appellant Zachariah Elias Vanderburg attempts to appeal from the trial
court’s judgments sentencing him to two years’ imprisonment for one count of
sexual assault and six years’ community supervision for a second count of
sexual assault. We dismiss the appeal for lack of jurisdiction.
Vanderburg’s sentence was imposed on November 21, 2008.
Vanderburg filed a motion for new trial, so his notice of appeal was due within
1
… See Tex. R. App. P. 47.4.
ninety days—that is, on or before February 19, 2009. See Tex. R. App. P.
26.2(a)(2). Vanderburg did not file his notice of appeal until February 24,
2009.
We sent notice to Vanderburg on March 26, 2009, stating that because
of the apparent untimeliness of his notice of appeal, we would dismiss the
appeal unless he or any party desiring to continue the appeal responded by April
6, 2009, and showed grounds for continuing the appeal. See Tex. R. App. P.
9.2(b)(1)–(2). We received no response.
The lack of a timely notice of appeal deprives this court of jurisdiction.
See State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000); Olivo v.
State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996); Williams v. State, 76
S.W.3d 207, 209 (Tex. App.—Fort Worth 2002, no pet.). Therefore, because
Vanderburg failed to timely file his notice of appeal and failed to provide us with
grounds for continuing his appeal, we must dismiss the appeal for want of
jurisdiction.2 See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: WALKER, MCCOY, and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 30, 2009
2
… Because we lack jurisdiction over the appeal, we take no action on
Vanderburg’s counsel’s motion to withdraw that was filed on March 16, 2009.
2