Miles Wesley Kenney v. State

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-17-00375-CR

MILES WESLEY KENNEY APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 415TH DISTRICT COURT OF PARKER COUNTY TRIAL COURT NO. CR17-0059

MEMORANDUM OPINION1

On September 26, 2017, the trial court sentenced appellant Miles Wesley

Kenney to seventeen years’ confinement for evading arrest or detention while

using a vehicle.2 That same day, the trial court certified that Kenney had the right

1 See Tex. R. App. P. 47.4.

See Tex. Penal Code Ann. § 38.04(a), (b)(2) (West 2016). Kenney’s 2

judgment of conviction states that a prior felony conviction enhanced his to appeal his conviction. On November 15, 2017, Kenney sent a letter to the trial

court expressing his desire to appeal. On November 17, 2017, the district clerk

file-stamped Kenney’s letter.

On November 20, 2017, we sent a letter to Kenney expressing our concern

that we lack jurisdiction over the appeal because his notice of appeal—his

letter—was not timely filed. We stated that unless he filed a response showing

grounds for continuing the appeal, we would dismiss it. See Tex. R. App. P.

44.3.

We have not received such a response. Kenney’s untimely notice of

appeal is insufficient to invoke our jurisdiction. See Tex. R. App. P. 25.2(b),

26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f); Slaton v. State,

981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

/s/ Wade Birdwell WADE BIRDWELL JUSTICE

PANEL: SUDDERTH, C.J.; WALKER and BIRDWELL, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: February 1, 2018

sentencing range to that of a second-degree felony. See id. § 12.42(a) (West Supp. 2017).