Darryl Earl Daniels, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: February 11, 2015
• Docket: 12-15-00023-CR
• Status: Published

Opinion

NO. 12-15-00023-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DARRYL EARL DANIELS, JR., § APPEAL FROM THE 114TH APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant filed a pro se notice of appeal by which he attempts to appeal his aggravated robbery conviction. In a criminal case, the notice of appeal must be filed within thirty days after sentence is imposed or within ninety days after that date if a motion for new trial is filed. TEX. R. APP. P. 26.2(a). Appellant’s sentence was imposed on April 24, 2014, and he did not file a motion for new trial. Therefore, his notice of appeal was due to have been filed no later than May 26, 2014. However, Appellant did not file his notice of appeal until January 23, 2015. Because Appellant’s notice of appeal was not filed on or before May 26, 2014, it was untimely, and this Court has no jurisdiction of the appeal. On February 9, 2015, this Court notified Appellant, pursuant to Texas Rules of Appellate Procedure 37.1 and 42.3, that his notice of appeal was untimely and there was no timely motion for an extension of time to file the notice of appeal. See TEX. R. APP. P. 26.2(a)(1), 26.3. Appellant was further informed that the appeal would be dismissed unless, on or before February 19, 2015, the information in this appeal was amended to show the jurisdiction of this Court. In response, Appellant, through his appellate counsel, confirmed that the notice of appeal was untimely and that the appeal must be dismissed for want of jurisdiction.1 Because this Court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, the appeal is dismissed for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

Opinion delivered February 11, 2015. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

1 Appellate counsel was appointed in February 2015 and immediately filed a second notice of appeal on February 5, 2015.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

FEBRUARY 11, 2015

DARRYL EARL DANIELS, JR., Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 114-0391-13)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J..