John Edward Beezley v. State ( 2011 )

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00203-CR

                                                ______________________________

                                 JOHN EDWARD BEEZLEY, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                            On Appeal from the County Court at Law

                                                           Hopkins County, Texas

                                                        Trial Court No. CR0826254

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                              Memorandum Opinion by Justice Carter

                                                      MEMORANDUM OPINION

            John Edward Beezley appeals from his verdict for resisting arrest.  His sentence was imposed June 21, 2011.  Beezley filed a timely motion for new trial.

            Therefore, Beezley’s notice of appeal had to be filed within ninety days of the date sentence was imposed.  Tex. R. App. P. 26.2(a)(2).  The last day for filing the notice of appeal was September 19, 2011.  The notice of appeal was not filed until September 22. The certificate of service on the notice of appeal reads, “I hereby certify that a true and correct copy of the foregoing Defendant’s Notice of Appeal was hand delivered to the office of Ms. Dustanna Rabe, County Attorney for Hopkins County, Texas, the Attorney of Record for the State of Texas.”   This certificate gives this Court no date on which the notice of appeal was mailed or delivered to the county clerk’s office. 

            The Texas Court of Criminal Appeals interprets Tex. R. App. P. 26.3 strictly to require an appellant in a criminal case to file his or her notice of appeal and a motion for extension within the fifteen-day period for filing a late notice of appeal.  See Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996) (citing Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993)).  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.  See id. at 522; see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998).

            On October 19, 2011, we notified counsel by letter of this defect in jurisdiction and requested that he inform us how we had jurisdiction over this appeal and notified him that if we did not receive a response within ten days, we would dismiss this appeal for want of jurisdiction. 

            It is now December 6, 2011, and we have received no response from counsel.

            We dismiss this appeal for want of jurisdiction.

                                                                                    Jack Carter

                                                                                    Justice

Date Submitted:          December 6, 2011      

Date Decided:             December 7, 2011

Do Not Publish