Ronald Edwin Duncan v. State

• Court: Court of Appeals of Texas
• Decided: January 30, 2019
• Docket: 09-18-00454-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00453-CR NO. 09-18-00454-CR NO. 09-18-00455-CR ____________________

RONALD EDWIN DUNCAN, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the County Court at Law No. 1 Montgomery County, Texas Trial Cause Nos. 18-330373, 18-330374, and 18-330375 ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court sentenced Ronald Edwin Duncan on October 15, 2018. The

notices of appeal were due to be filed on November 14, 2018. See Tex. R. App. P.

26.2(a)(1). A notice of appeal was not filed until November 21, 2018, and Duncan

did not timely file a motion for extension of time to file the notice of appeal. See

Tex. R. App. P. 26.3.

1 On December 10, 2018, we notified the parties that the appeals had not been

timely perfected and that the appeals would be dismissed unless a written response

is filed in this Court showing cause why these appeals should not be dismissed for

lack of jurisdiction. Duncan filed a response but failed to demonstrate that our

appellate jurisdiction was invoked within the time permitted for perfecting the

appeals.

A timely notice of appeal is necessary to invoke appellate jurisdiction. See

Slaton v. State, 981 S.W.2d 208, 209 (Tex. Crim. App. 1998); Olivo v. State, 918

S.W.2d 519, 522 (Tex. Crim. App. 1996). “When a notice of appeal, but no motion

for extension of time, is filed within the 15-day period, the court of appeals can take

no action other than to dismiss the appeal for lack of jurisdiction.” Aleman v. State,

554 S.W.3d 794, 795 (Tex. App.—Houston [14th Dist.] 2018, no pet.). We dismiss

the appeals for lack of jurisdiction.

APPEALS DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on January 29, 2019 Opinion Delivered January 30, 2019 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ. 2