Darian Devon Porter v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 27, 2024
• Docket: 01-24-00450-CR
• Status: Published

Opinion

Opinion issued August 27, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00450-CR ——————————— DARIAN DEVON PORTER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Case No. 21-DCR-097538

MEMORANDUM OPINION

Appellant Darian Devon Porter attempts to appeal his March 26, 2024

conviction for aggravated assault with a deadly weapon.1 Under Texas Rule of

1 See TEX. PENAL CODE § 22.02(a)(2). Appellate Procedure 26.2(a), a notice of appeal was due on or before April 25, 2024.

See TEX. R. APP. P. 26.2(a). Appellant filed his notice of appeal on June 17, 2024.

A notice of appeal that complies with the requirements of Rule 26 is

essential to vest this court with jurisdiction. See Slaton v. State, 981 S.W.2d 208,

210 (Tex. Crim. App. 1998). The 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. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.

Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.

Because the notice of appeal in this case was untimely, we have no basis for

jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 43.2(f); Slaton, 981 S.W.2d at 210; Olivo, 918

S.W.2d at 523. We dismiss all pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Hightower and Countiss.

Do not publish. TEX. R. APP. P. 47.2(b).