Shane Lee Hale v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2006
• Docket: 02-05-00024-CR
• Status: Published

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-259-CR

RAYMOND DOMONIC COZZI, JR. APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 1 OF TARRANT COUNTY

MEMORANDUM OPINION ^{(footnote: 1)}

On November 20, 2003, the trial court sentenced Appellant Raymond Domonic Cozzi, Jr., to ninety days’ confinement in the Tarrant County Jail and fined him $550.00.   His notice of appeal was due within thirty days after the day the sentence was imposed, or within ninety days from that day if he timely filed a motion for new trial. ^{(footnote: 2)}

Appellant did not file his notice of appeal until July 6, 2006; thus it is untimely. ^{(footnote: 3)}

Because the notice of appeal is untimely and it appeared we lacked jurisdiction, we sent a letter to Appellant on August 9, 2006, requesting a response showing grounds for continuing the appeal.  Appellant responded, but his response did not present grounds on which we may continue the appeal. A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. ^{(footnote: 4)}   The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or a timely filed motion for extension of time, we cannot exercise jurisdiction over an appeal. ^{(footnote: 5)}

Because Appellant’s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction. ^{(footnote: 6)}

PER CURIAM

PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  August 31, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

See Tex. R. App. P. 26.2(a)(2).

3:

See id.

4:

Id .

5:

See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

6:

See Tex. R. App. P. 26.2(a)(2), 43.2(f).