Document Info

DocketNumber: 11-19-00031-CR

Filed Date: 3/7/2019

Status: Precedential

Modified Date: 3/9/2019

  • Opinion filed March 7, 2019
    In The
    Eleventh Court of Appeals
    ___________
    No. 11-19-00031-CR
    ___________
    JOE HENRY ROBLES, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 238th District Court
    Midland County, Texas
    Trial Court Cause No. CR41621
    MEMORANDUM OPINION
    Joe Henry Robles has filed an untimely notice of appeal in this cause.
    Appellant attempts to appeal his 2013 conviction for the offense of evading arrest
    and detention in a vehicle. We dismiss the appeal.
    The documents on file in this case indicate that Appellant’s sentence was
    imposed on August 29, 2013, and that his out-of-time notice of appeal was filed in
    the district clerk’s office on July 5, 2018. Pursuant to Rule 26.2(a) of the Texas
    Rules of Appellate Procedure, a notice of appeal is due to be filed either (1) within
    thirty days after the date that sentence is imposed in open court or (2) if the defendant
    timely files a motion for new trial, within ninety days after the date that sentence is
    imposed in open court. A notice of appeal must be in writing and filed with the clerk
    of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this court
    reflect that Appellant’s notice of appeal was filed almost five years after his sentence
    was imposed. The notice of appeal was, therefore, untimely. Absent a timely filed
    notice of appeal or the granting of a timely motion for extension of time, we do not
    have jurisdiction to entertain this appeal. Slaton v. State, 
    981 S.W.2d 208
    , 210 (Tex.
    Crim. App. 1998); Olivo v. State, 
    918 S.W.2d 519
    , 522–23 (Tex. Crim. App. 1996);
    Rodarte v. State, 
    860 S.W.2d 108
    , 110 (Tex. Crim. App. 1993).
    In January 2019, when the appeal was filed in this court, we notified Appellant
    by letter that the notice of appeal appeared to be untimely and that the appeal may
    be dismissed for want of jurisdiction. We requested that Appellant respond to our
    letter and show grounds to continue. Appellant has not filed a response showing
    grounds upon which this appeal may proceed.
    We dismiss this appeal for want of jurisdiction.
    PER CURIAM
    March 7, 2019
    Do not publish. See TEX. R. APP. P. 47.2(b).
    Panel consists of: Bailey, C.J.,
    Stretcher, J., and Wright, S.C.J.1
    Willson, J., not participating.
    1
    Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland,
    sitting by assignment.
    2