John Alfred Petersen v. The State of Texas Appeal from County Court of Lamar County (memorandum opinion)
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-21-00135-CR JOHN ALFRED PETERSEN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court Lamar County, Texas Trial Court No. 68370 Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Justice Burgess MEMORANDUM OPINION John Alfred Peterson has filed an untimely notice of appeal from a conviction of criminal mischief. We dismiss the appeal for want of jurisdiction. The judgment of conviction in this matter indicates that Petersen’s sentence was imposed on October 5, 2021. Because Peterson did not file a motion for new trial, Petersen’s notice of appeal was due on or before November 4, 2021. See TEX. R. APP. P. 26.2(a)(1). Petersen’s notice of appeal was filed on November 12, 2021, after the November 4 deadline. Consequently, Petersen’s attempt to appeal his conviction in this matter was untimely. The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998). On November 18, 2021, we informed Petersen of the apparent defect in our jurisdiction over this appeal and afforded him an opportunity to respond and, if possible, cure such defect. Petersen did not file a response to our jurisdictional defect letter. Because Petersen did not timely file his notice of appeal, we dismiss this appeal for want of jurisdiction. Ralph K. Burgess Justice Date Submitted: Date Decided: December 9, 2021 December 10, 2021 Do Not Publish 2
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