Bobby Dale Watson v. the State of Texas
This text of Bobby Dale Watson v. the State of Texas (Bobby Dale Watson v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-24-00092-CR
BOBBY DALE WATSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th District Court Cass County, Texas Trial Court No. 2019F00203
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice van Cleef MEMORANDUM OPINION
Bobby Dale Watson pled guilty to the offense of possession of a controlled substance,
and the trial court placed him on deferred adjudication community supervision for five years,
assessed a fine of $1500.00, and ordered him to pay court costs and restitution. On July 20,
2023, the State filed a motion to proceed to adjudication, alleging, among other things, that
Watson admitted to using methamphetamine on fifteen occasions.
Watson’s notice of appeal indicated that he was appealing “from the judgment rendered
against him.” Sentence was imposed in this matter on September 26, 2023, and it does not
appear from the record that Watson filed a motion for new trial. As a result, his notice of appeal
was due on or before October 26, 2023. See TEX. R. APP. P. 26.2(a)(1). Watson’s notice of
appeal was filed on May 7, 2024, well after the October 26, 2023, deadline. The Texas Court of
Criminal Appeals has expressly held that, without a timely filed 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).
On June 10, 2024, we sent a letter to Watson’s appellate counsel asking that he show this
Court how it had jurisdiction over this appeal. Counsel filed a response, but he failed to
demonstrate that his notice of appeal was timely filed or that we have jurisdiction over this
appeal.
2 Accordingly, we dismiss this appeal for want of jurisdiction.
Charles van Cleef Justice
Date Submitted: July 11, 2024 Date Decided: July 12, 2024
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