Jonathon Lemone Vaughn v. State

Opinion

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

No. 06-20-00118-CR

JONATHON LEMONE VAUGHN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 19F0770-202

Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Justice Burgess MEMORANDUM OPINION

Jonathon Lemone Vaughn has filed an untimely notice of appeal from a conviction of

assault on a public servant.1 We dismiss the appeal for want of jurisdiction.

The judgment of conviction in this matter indicates that Vaughn’s sentence was imposed

on February 11, 2020, and that his notice of appeal was filed on December 3, 2020. There is

nothing in the appellate record to indicate that Vaughn filed a motion for new trial. In the

absence of a timely motion for new trial, Vaughn, to perfect his appeal, was required to file his

notice of appeal within thirty days of the date sentence was imposed, or on or before March 12,

2020. See TEX. R. APP. P. 26.2(a)(1). The notice of appeal, therefore, was untimely.

We notified Vaughn 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 Vaughn twenty days to

respond to our letter and to demonstrate how we have jurisdiction over the appeal

notwithstanding the noted defect. While Vaughn did respond to our letter, he failed to

demonstrate how we have jurisdiction over his appeal.

1 See TEX. PENAL CODE ANN. § 22.01(b)(1). 2 Because Vaughn did not timely file his notice of appeal, we dismiss the appeal for want

of jurisdiction.

Ralph K. Burgess Justice

Date Submitted: January 5, 2021 Date Decided: January 6, 2021

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