Lindsay Nicole Raglin v. State

• Court: Court of Appeals of Texas
• Decided: September 25, 2020
• Docket: 11-20-00195-CR
• Status: Published

Opinion

Opinion filed September 25, 2020

In The

Eleventh Court of Appeals ___________

No. 11-20-00195-CR ___________

LINDSAY NICOLE RAGLIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 104th District Court Taylor County, Texas Trial Court Cause No. 20724B

MEMORAND UM OPI NI ON Appellant filed an untimely pro se notice of appeal from a judgment revoking her community supervision for the offense of assault family violence. We dismiss the appeal for want of jurisdiction. Pursuant to the Texas Rules of Appellate Procedure, a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed or suspended in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed or suspended in open court. TEX. R. APP. P. 26.2(a). A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this appeal indicate that Appellant’s sentence was imposed on June 3, 2020, that no motion for new trial was filed, and that Appellant filed a pro se notice of appeal on August 13, 2020, 71 days after her sentence was imposed. The notice of appeal was therefore untimely. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain this appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993). When the appeal was filed in this court, we notified Appellant and Appellant’s counsel by letter that the notice of appeal appeared to be untimely and that the appeal may be dismissed for want of jurisdiction. We requested that Appellant respond to our letter and show grounds to continue. Appellant has not provided this court with any grounds upon which we may continue this appeal. Because the notice of appeal was not timely filed, we have no jurisdiction over this appeal and must dismiss it. See Slaton, 981 S.W.2d at 210. Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM

September 25, 2020 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.1 Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment. 2