Charles Thomas Allen v. State

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

 

NO. 2-04-403-CR

 
 

CHARLES THOMAS ALLEN                                                     APPELLANT

 

V.

 

THE STATE OF TEXAS                                                                  STATE

 
 

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FROM THE 16^TH DISTRICT COURT OF DENTON COUNTY

   

MEMORANDUM OPINION¹

 

        On July 20, 2004, the trial court denied Appellant’s motion for bail pending appeal.  Appellant’s notice of appeal from this order was due by August 19, 2004.²  The notice of appeal was not filed until September 1, 2004; thus it was untimely.³

        Because the notice of appeal was untimely, we sent a letter to Appellant requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction.  We received no response.

        A notice of appeal that complies with the requirements of Rule 26 is essential to vest this court with jurisdiction.⁴  The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal.⁵  Because Appellant’s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction.⁶

                                                                           PER CURIAM

PANEL D:   DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P.47.2(b)

 

DELIVERED: October 21, 2004

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NOTES

1.  See Tex. R. App. P. 47.4.

2.  See Tex. R. App. P. 26.2(a)(1).

3.  See id.

4.  Id.; see Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); York v. State, 69 S.W.3d 792, 794 (Tex. App.—Fort Worth 2002, no pet.).

5.  See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.

6.  See Tex. R. App. P. 26.2(a)(1), 43.2(f).