Justin Alan Hohstadt v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 8, 2023
• Docket: 02-23-00106-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-23-00106-CR ___________________________

JUSTIN ALAN HOHSTADT, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 415th District Court Parker County, Texas Trial Court No. CR21-0847

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

Appellant Justin Alan Hohstadt attempts to appeal his conviction for evading arrest

with a vehicle. See Tex. Penal Code Ann. § 38.04(b)(2)(A) (evading-arrest offense with a

previous conviction). Hohstadt did not file a motion for new trial, making his notice of

appeal due within 30 days of the September 14, 2022 judgment of conviction. See Tex. R.

App. P. 26.2(a)(1). However, Hohstadt did not file his notice of appeal until May 15, 2023.

We notified Hohstadt of our concern that we might not have jurisdiction over

his appeal and informed him that unless he filed a response showing grounds for

continuing the appeal by May 25, 2023, we would dismiss it. See Tex. R. App. P. 44.3.

We have received no response from Hohstadt.

Because Hohstadt’s notice of appeal was not timely and because a timely notice

of appeal is an essential component of our jurisdiction, we dismiss the appeal for want

of jurisdiction. See Tex. R. App. P. 25.2(b), 26.2(a)(1), 43.2(f); Slaton v. State, 981

S.W.2d 208, 210 (Tex. Crim. App. 1998); see also Rodarte v. State, 860 S.W.2d 108, 110

(Tex. Crim. App. 1993) (discussing the rule of appellate procedure that preceded Rule

26.2, which likewise required the filing of a notice of appeal within 30 days after the

imposition of a sentence, and dismissing an untimely appeal for want of jurisdiction).

Per Curiam

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: June 8, 2023