Derricka J. Johnson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 29, 2025
• Docket: 09-24-00387-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00387-CR __________________

DERRICKA J. JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F21-38523 __________________________________________________________________

MEMORANDUM OPINION

On April 16, 2024, the trial court revoked an order of deferred adjudication

community supervision and sentenced Derricka J. Johnson to twelve years in prison

for aggravated assault with a deadly weapon. On May 14, 2024, Johnson timely filed

a motion for new trial. The pro se notice of appeal was postmarked August 13, 2024,

and was filed with the trial court on August 23, 2024. Notice of appeal was filed

more than ninety days from the date on which the trial court imposed sentence. We

notified the parties that the appeal did not appear to have been timely filed, but

1 received no response. The court finds the notice of appeal was not timely filed. Tex.

R. App. P. 26.2(a)(2). Johnson did not timely request an extension of time to file her

notice of appeal. See id. 26.3. It does not appear that appellant obtained an out-of-

time appeal from the Court of Criminal Appeals.

This Court’s appellate jurisdiction in a criminal case is invoked by a timely

filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

Absent a timely filed notice of appeal, the appellate court lacks jurisdiction to

address the merits of the appeal and can take no action other than to dismiss the

appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim.

App. 1998). The Court finds it is without jurisdiction to entertain the appeal.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.

43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on January 28, 2025 Opinion Delivered January 29, 2025 Do Not Publish

Before Golemon, C.J., Johnson and Chambers, JJ.