August Bass v. State

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-19-00159-CR
AUGUST BASS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 202nd District Court
Bowie County, Texas
Trial Court No. 17F1280-202
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
August Bass has filed an untimely notice of appeal from a conviction of unauthorized use
of a vehicle. 1 We dismiss the appeal for want of jurisdiction.
The judgment of conviction in this matter indicates that Bass’ sentence was imposed on
September 27, 2018, and Bass timely filed a motion for new trial. Under Rule 26.2(a) of the Texas
Rules of Appellate Procedure, the deadline for filing a notice of appeal under these circumstances
was December 26, 2018. See TEX. R. APP. P. 26.2(a)(2). Bass’ notice of appeal was not filed until
July 2, 2019. The Texas Court of Criminal Appeals has expressly held that, without a timely notice
of appeal, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522
(Tex. Crim. App. 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998)
(per curiam).
We notified Bass by letter that his notice of appeal appeared to be untimely and that the
appeal was subject to dismissal for want of jurisdiction. While Bass did file a response to our
jurisdictional defect letter, his response failed to address the simple fact that we lack jurisdiction
over this appeal.
1
See TEX. PENAL CODE ANN. § 31.07.
2
Because Bass did not timely file his notice of appeal, we dismiss the appeal for want of
jurisdiction.
Ralph K. Burgess
Justice
Date Submitted: August 14, 2019
Date Decided: August 15, 2019
Do Not Publish
3