Jordan Ashley Leighton v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00177-CR
JORDAN ASHLEY LEIGHTON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY COURT AT LAW NO. 1 OF PARKER COUNTY
TRIAL COURT NO. CCL1-15-0641
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MEMORANDUM OPINION1
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On March 21, 2016, a jury convicted Appellant Jordan Ashley Leighton of
driving with an invalid license with a prior conviction,2 and the trial court
sentenced Appellant to serve ninety days’ confinement in jail and pay a $500
fine. Appellant did not file a motion for new trial. The notice of appeal was
1
See Tex. R. App. P. 47.4.
2
See Tex. Transp. Code Ann. § 521.457(a), (f) (West 2013).
therefore due April 20, 2016,3 but Appellant did not file a notice of appeal until
May 5, 2016. Appellant did not file a motion for extension of time to file a notice
of appeal.4
We notified the parties of our concern that we lack jurisdiction over this
appeal because the notice of appeal was untimely filed and warned that unless
we received a response by May 16, 2016, showing grounds for continuing the
appeal, the appeal could be dismissed. We have received no response.
A notice of appeal that complies with the requirements of rule 26 is
essential to vest this court with jurisdiction.5 The Texas Court of Criminal
Appeals has expressly held that without a timely filed notice of appeal or motion
for extension of time, this court cannot exercise jurisdiction over an appeal.6
Accordingly, we dismiss this appeal for want of jurisdiction.7
3
See Tex. R. App. P. 26.2(a)(1).
4
See Tex. R. App. P. 26.3 (allowing appellate court to extend deadline for
filing notice of appeal if appellant files a notice of appeal and motion for extension
within fifteen days after the deadline for filing notice of appeal).
5
See Tex. R. App. P. 26.2(a)(1); Castillo v. State, 369 S.W.3d 196, 198
(Tex. Crim. App. 2012).
6
Castillo, 369 S.W.3d at 198; Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996).
7
See Tex. R. App. P. 43.2(f).
2
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 30, 2016
3