Ross Thomas Brantley III v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00186-CR
ROSS THOMAS BRANTLEY III APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1091400D
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MEMORANDUM OPINION1
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Appellant Ross Thomas Brantley III attempts to appeal from a judgment
adjudicating him guilty of assault causing bodily injury‒family violence and
imposing a ten-year sentence on December 2, 2011. On April 26, 2018, we
notified Brantley of our concern that we lack jurisdiction over this appeal because
the notice of appeal was due January 2, 2012, but was not filed until April 24,
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See Tex. R. App. P. 47.4.
2018, and we warned him that we could dismiss the appeal absent a response
showing grounds for continuing the appeal. See Tex. R. App. P. 26.2(a).
Brantley filed a response, but it does not show grounds for continuing the appeal.
A notice of appeal that complies with the requirements of rule 26 is
essential to vest this court with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998). Without a timely filed notice of appeal, we lack
jurisdiction over the appeal and may take no action other than to dismiss the
appeal. Id.; Olivo v. State, 918 S.W.2d 519, 522‒23 (Tex. Crim. App. 1996).
Because Brantley’s notice of appeal is untimely, we dismiss the appeal for want
of jurisdiction. See Tex. R. App. P. 26.2(a), 43.2(f).
PER CURIAM
PANEL: MEIER, GABRIEL, and KERR, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 24, 2018
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