John Desmond Johnson v. State

Opinion

Opinion issued March 31, 2011

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-00687-CR

JOHN DESMOND JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2

Fort Bend County, Texas

Trial Court Cause No. 140610A

MEMORANDUM OPINION

              Appellant John Desmond Johnson attempts to appeal his June 25, 2010 theft conviction, imposed pursuant to a plea agreement. Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on July 26, 2010. Tex. R. App. P. 26.2(a).  Appellant, however, filed his notice of appeal on July 27, 2010.  The appellate court may extend the time to file the notice of appeal if appellant files a motion requesting an extension of time to file the appeal within 15 days of the deadline to file the appeal.  No motion for extension of time was filed.  See Tex. R. App. P. 26.3.

              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. 25.2(d), 42.3(a), 43.2(f).

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Brown.

Do not publish.   Tex. R. App. P. 47.2(b).