William Hemmi v. State

• Court: Court of Appeals of Texas
• Decided: June 9, 2005
• Docket: 02-05-00138-CR
• Status: Published

Opinion

William Hemmi v. The State of Texas

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-138-CR

WILLIAM HEMMI APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 235 TH DISTRICT COURT OF COOKE COUNTY

MEMORANDUM OPINION ^{(footnote: 1)}

On January 14, 2005, Appellant William Hemmi pled guilty to possession of methamphetamine with intent to manufacture, and the trial court sentenced him to twenty-five years’ confinement in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a motion for new trial on February 14, 2005.  Consequently, his notice of appeal was due April 14, 2005. ^{(footnote: 2)}  The notice of appeal, dated April 15, 2005, was not filed until April 15, 2005; thus it was untimely. ^{(footnote: 3)}

Because the notice of appeal was untimely and it appeared we lacked jurisdiction, we sent a letter to Appellant on April 26, 2005, requesting a response showing grounds for continuing the appeal.  We also explained the types of evidence Appellant could submit to show that he had mailed his notice of appeal timely. ^{(footnote: 4)}  We received no response.

A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. ^{(footnote: 5)}  The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal. ^{(footnote: 6)}   Because Appellant’s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction. ^{(footnote: 7)}

PER CURIAM

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

DO NOT PUBLISH

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

DELIVERED:  June 9, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

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

3:

See id.

4:

See Tex. R. App. P. 9.2(b)(2).

5:

Tex. R. App. P. 26.2(a)(2) ; see Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); York v. State , 69 S.W.3d 792, 794 n.5 (Tex. App.—Fort Worth 2002, no pet.).

6:

See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton , 981 S.W.2d at 210.

7:

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