Nicole A. Garrison v. State ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00490-CR
Nicole A. Garrison § From Criminal District Court No. 1
§ of Tarrant County (1248453D)
v. § December 13, 2012
§ Per Curiam
The State of Texas § (nfp)
JUDGMENT
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed for
want of jurisdiction.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00490-CR
NICOLE A. GARRISON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Nicole A. Garrison filed her notice of appeal of the trial court’s
October 21, 2011 order of deferred adjudication almost one year later, on
October 10, 2012. On October 22, 2012, we sent Garrison a letter informing her
of our concern that we lacked jurisdiction over the appeal because of the
untimely filing of the notice of appeal. See Tex. R. App. P. 26.2(a)(1). We
requested that she or any party desiring to continue the appeal file a response
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See Tex. R. App. P. 47.4.
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showing grounds for continuing the appeal by November 1, 2012, or the appeal
could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.
No response was filed.
This court does not have authority to grant an out-of-time appeal. See
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (reasoning that if an
appeal is not timely perfected, a court of appeals has no jurisdiction to address
the merits of the appeal and can take no action other than to dismiss it). Only the
Texas Court of Criminal Appeals may grant an out of time appeal. See Tex.
Code Crim. Proc. Ann. art. 11.07 (West Supp. 2012); Olivo v. State, 918 S.W.2d
519, 523, 525 n.8 (Tex. Crim. App. 1996). Accordingly, we dismiss the appeal
for want of jurisdiction. See Tex. R. App. P. 43.2(f); Olivo, 918 S.W.2d at 523.
PER CURIAM
PANEL: WALKER, MCCOY, and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 13, 2012
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