State v. Glenn Wrightman

• Court: Court of Appeals of Texas
• Decided: January 22, 2015
• Docket: 13-14-00652-CR
• Status: Published

Opinion

NUMBER 13-14-00652-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

THE STATE OF TEXAS, Appellant,

v.

GLENN WRIGHTMAN, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 2 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Perkes, and Longoria Memorandum Opinion Per Curiam

On October 17, 2014, the trial court signed an order granting appellee Wrightman’s

motion to dismiss for lack of speedy trial. The State filed its notice of appeal on

November 7, 2014. See TEX. CODE CRIM. PROC. ANN. art. 44.01 (granting the state the

right to appeal certain orders in criminal cases). The State must file its notice of appeal within twenty days after the court enters the

order being appealed. See TEX. CODE CRIM. PROC. ANN. art. 44.01(d); TEX. R. APP. P.

26.2(b). The time within which to file the notice may be enlarged if, within fifteen days

after the deadline for filing the notice, the party files the notice of appeal and a motion

complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. 26.3.

The State’s notice of appeal was due on November 6, 2014. The State did not

file a motion for extension of time to file its notice of appeal. On December 10, 2014, the

Clerk of this Court notified the State that it appeared that the appeal was not timely

perfected and that the appeal would be dismissed if the defect was not corrected within

ten days from the date of receipt of the Court’s directive. The State has not filed a

response.

This Court's appellate jurisdiction in a criminal case is invoked by a timely filed

notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent

a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the

merits of the appeal and can take no action other than to dismiss the appeal for want of

jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

The State’s notice of appeal was untimely, and accordingly, we lack jurisdiction

over the appeal. See Slaton, 981 S.W.2d at 210. The appeal is DISMISSED FOR

WANT OF JURISDICTION.

PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the 22nd day of January, 2015. 2 3