Steven Myles Johnson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 23, 2023
• Docket: 02-23-00016-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-23-00013-CR No. 02-23-00014-CR No. 02-23-00015-CR No. 02-23-00016-CR No. 02-23-00017-CR ___________________________

STEVEN MYLES JOHNSON, Appellant

V.

THE STATE OF TEXAS

On Appeal from Criminal District Court No. 2 Tarrant County, Texas Trial Court Nos. 1563206D, 1581496D, 1581498D, 1581748D, 1586178D

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

Steven Myles Johnson, proceeding pro se, attempts to appeal his convictions

for (1) family-violence assault with a previous conviction, see Tex. Penal Code Ann.

§ 22.01(b)(2)(A); (2) evading arrest or detention with a vehicle, see id. § 38.04(b)(2)(A);

(3) unlawful possession of a firearm by a convicted felon, see id. § 46.04(a);

(4) possession with intent to deliver a controlled substance of 200 grams or more but

less than 400 grams, see Tex. Health & Safety Code Ann. § 481.112(e); and

(5) possession with intent to deliver a controlled substance of 200 grams or more but

less than 400 grams, see id. On February 11, 2022, in accordance with Johnson’s plea

bargains in each case, the trial court sentenced Johnson to ten years’ confinement for

each conviction with the sentences to run concurrently.

Because no motion for new trial was filed, Johnson’s notices of appeal were

due March 14, 2022. See Tex. R. App. P. 4.1(a) (extending to the next day that is not a

Sunday), 26.2(a)(1) (stating defendant must file notice of appeal not later than thirty

days after the imposition of a sentence). However, Johnson did not file his notices of

appeal until February 2, 2023.

On February 7, 2023, we notified Johnson that we questioned our jurisdiction

over his appeals because the notices of appeal were not timely filed. See Tex. R. App.

P. 26.2(a)(1). We informed him that unless he filed a response showing grounds for

continuing the appeals, we could dismiss the appeals for want of jurisdiction. See Tex.

R. App. P. 44.3. Johnson responded, complaining of the assistance he had received

2 from his appointed trial counsel, his plea agreements, and the judgments entered

against him and requesting an “extension” and appointed appellate counsel.

Our appellate jurisdiction is triggered by a timely filed notice of appeal. Olivo v.

State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If a notice of appeal is not timely

filed under Rule 26.2, we do not have jurisdiction to address the merits of the appeal

and may take no action—including granting an out-of-time appeal—other than

dismissal. See Tex. R. App. P. 25.2(b), 26.2(a)(1); Slaton v. State, 981 S.W.2d 208, 210

(Tex. Crim. App. 1998). Accordingly, we dismiss the appeals for want of jurisdiction.

See Tex. R. App. P. 43.2(f).

Per Curiam

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: March 23, 2023