Jeffery Don Davidson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 9, 2022
• Docket: 06-22-00101-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-22-00101-CR

JEFFERY DON DAVIDSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court Red River County, Texas Trial Court No. CR02932

Before Morriss, C.J., Stevens and van Cleef, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION

Jeffery Don Davidson has filed an untimely notice of appeal from the trial court’s

judgment adjudicating his guilt of possession of a controlled substance. We dismiss the appeal

for want of jurisdiction.

Sentence was imposed in this matter on May 9, 2022, and Davidson did not file a motion

for new trial. As a result, Davidson’s notice of appeal was due on or before June 8, 2022. See

TEX. R. APP. P. 26.2(a)(1). Davidson’s notice of appeal was filed on July 20, 2022, well after the

June 8 deadline. Consequently, Davidson’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 counsel for Davidson by letter that Davidson’s notice of appeal appeared to

be untimely and that the appeal was subject to dismissal for want of jurisdiction. We afforded

Davidson the opportunity to respond to our letter, through counsel, and to demonstrate how we

have jurisdiction over the appeal notwithstanding the noted defect. In response to our letter,

Davidson’s attorney agreed that this Court lacks jurisdiction over this appeal.

2 Because Davidson did not timely file his notice of appeal, we dismiss the appeal for want

of jurisdiction.

Josh R. Morriss, III Chief Justice

Date Submitted: September 8, 2022 Date Decided: September 9, 2022

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