Durrell Ware v. the State of Texas
This text of Durrell Ware v. the State of Texas (Durrell Ware 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. 06-24-00094-CR
DURRELL WARE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 202nd District Court Bowie County, Texas Trial Court No. 23F1197-202
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION
Durrell Ware filed an untimely notice of appeal from his felony conviction of family
violence assault by occlusion and the resulting sentence of ten years’ confinement in prison.1
We dismiss the appeal for want of jurisdiction.
The judgment of conviction in this matter indicates that the trial court imposed Ware’s
sentence on March 7, 2024, and Ware did not file a motion for new trial. As a result, Ware’s
notice of appeal was due on or before April 8, 2024. See TEX. R. APP. P. 26.2(a)(1). Ware’s
notice of appeal was filed on May 8, 2024, well beyond the April 8, 2024, deadline.
Consequently, Ware’s attempt to appeal his conviction in this matter was untimely.
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) (per curiam).
We notified Ware by letter that his notice of appeal appeared to be untimely and that the
appeal was subject to dismissal for want of jurisdiction. We gave Ware ten days to respond to
our letter and to demonstrate how we had jurisdiction over the appeal notwithstanding the noted
defect. While Ware responded, through counsel, to our jurisdictional defect letter, his response
did not demonstrate how this Court has jurisdiction over this appeal.
1 See TEX. PENAL CODE ANN. § 22.01(b)(2)(B) (Supp.). 2 Because Ware did not timely perfect his appeal, we dismiss the appeal for want of
jurisdiction.
Jeff Rambin Justice
Date Submitted: May 31, 2024 Date Decided: June 3, 2024
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