Chadrick Lee Chappell v. The State of Texas--Appeal from 355th District Court of Hood County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-145-CR

CHADRICK LEE CHAPPELL APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

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MEMORANDUM OPINION[1]

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On October 6, 2003, the trial court entered a judgment revoking Appellant Chadrick Lee Chappell=s community supervision and sentencing him to six years= confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant did not file a motion for new trial. Consequently, his notice of appeal was due November 5, 2003.[2] His notice of appeal was not filed until March 27, 2006; 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 28, 2006, requesting a response showing grounds for continuing the appeal. Appellant did not respond.

A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction.[4] 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.[5] Because Appellant=s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction.[6]

PER CURIAM

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

DO NOT PUBLISH

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

DELIVERED: June 22, 2006

[1]See Tex. R. App. P. 47.4.

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

[3]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).