Jonathon Lemone Vaughn v. State

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-20-00118-CR
JONATHON LEMONE VAUGHN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 102nd District Court
Bowie County, Texas
Trial Court No. 19F0770-202
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
Jonathon Lemone Vaughn has filed an untimely notice of appeal from a conviction of
assault on a public servant.1 We dismiss the appeal for want of jurisdiction.
The judgment of conviction in this matter indicates that Vaughn’s sentence was imposed
on February 11, 2020, and that his notice of appeal was filed on December 3, 2020. There is
nothing in the appellate record to indicate that Vaughn filed a motion for new trial. In the
absence of a timely motion for new trial, Vaughn, to perfect his appeal, was required to file his
notice of appeal within thirty days of the date sentence was imposed, or on or before March 12,
2020. See TEX. R. APP. P. 26.2(a)(1). The notice of appeal, therefore, was untimely.
We notified Vaughn by letter that his notice of appeal appeared to be untimely and that
the appeal was subject to dismissal for want of jurisdiction. We gave Vaughn twenty days to
respond to our letter and to demonstrate how we have jurisdiction over the appeal
notwithstanding the noted defect. While Vaughn did respond to our letter, he failed to
demonstrate how we have jurisdiction over his appeal.
1
See TEX. PENAL CODE ANN. § 22.01(b)(1).
2
Because Vaughn did not timely file his notice of appeal, we dismiss the appeal for want
of jurisdiction.
Ralph K. Burgess
Justice
Date Submitted: January 5, 2021
Date Decided: January 6, 2021
Do Not Publish
3