Keith Edward Grimmett v. State ( 2014 )

Opinion issued August 14, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00483-CR
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KEITH EDWARD GRIMMETT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 174th District Court
Harris County, Texas
Trial Court Case No. 1369980
MEMORANDUM OPINION
Appellant, Keith Edward Grimmett, attempts to appeal his March 17,
2014 conviction for murder. Under Texas Rule of Appellate Procedure 26.2(a), a
notice of appeal was due on or before April 16, 2014. See TEX. R. APP. P. 26.2(a).
Appellant filed his notice of appeal on June 5, 2014.1
A notice of appeal that complies with the requirements of Rule 26 is
essential to vest this court with jurisdiction. See Slaton v. State, 981 S.W.2d 208,
210 (Tex. Crim. App. 1998). The 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 Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.
Because the notice of appeal in this case was untimely, we have no basis for
jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 43.2(f); Slaton, 981 S.W.2d at 210; Olivo, 918
S.W.2d at 523. We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
Do not publish. TEX. R. APP. P. 47.2(b).
1
Appellant included an unsworn declaration with his notice of appeal, which
reflects that it was executed on May 23, 2014. Nevertheless, even if the notice of
appeal was handed to prison officials, and therefore would be considered filed, on
May 23, 2014, the notice was untimely. See TEX. R. APP. P. 9.2(b), 26.2(a);
Campbell v. State, 320 S.W.3d 338, 342 (Tex. Crim. App. 2010).
2