William Hemmi v. The State of Texas--Appeal from 235th District Court of Cooke County

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 235TH DISTRICT COURT OF COOKE COUNTY

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MEMORANDUM OPINION1

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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, 2005.2 The notice of appeal, dated April 15, 2005, was not filed until April 15, 2005; thus it was untimely.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.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.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.6 Because Appellant s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction.7

PER CURIAM

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

DO NOT PUBLISH

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

DELIVERED: June 9, 2005

NOTES

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).