Patrick Wellington Ross v. State

Dismissed; Opinion Filed January 16, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01461-CR
PATRICK WELLINGTON ROSS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-82578-2013
MEMORANDUM OPINION
Before Justices Lang, Brown, and Whitehill
Opinion by Justice Lang
Patrick Wellington Ross appeals his conviction for aggravated assault with a deadly
weapon. On September 6, 2017, appellant entered a negotiated plea of guilty and was sentenced
to three years’ confinement. Because appellant did not file a motion for new trial, his notice of
appeal was due thirty days later, on October 6, 2017. See TEX. R. APP. P. 26.2(a)(1). Appellant’s
notice of appeal was not filed until December 12, 2017.
A timely notice of appeal is essential to vest this Court with jurisdiction. Slaton v. State,
981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). Although appellant’s notice of
appeal was due October 6, 2017, he did not file it until December 12, 2017, outside the thirty-day
time period provided in rule 26.2. Because appellant’s notice of appeal was untimely, this Court
lacks jurisdiction over the appeal.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f).
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
171461F.U05
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
PATRICK WELLINGTON ROSS, On Appeal from the 416th Judicial District
Appellant Court, Collin County, Texas
Trial Court Cause No. 416-82578-2013.
No. 05-17-01461-CR V. Opinion delivered by Justice Lang. Justices
Brown and Whitehill participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 16th day of January, 2018.
–3–