Raymond Earl Freeman v. The State of TexasAppeal from 70th District Court of Ector County (dissenting opinion per curiam)
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Opinion filed July 24, 2014 In The Eleventh Court of Appeals ___________ No. 11-14-00181-CR ___________ RAYMOND EARL FREEMAN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 70th District Court Ector County, Texas Trial Court Cause No. A-31,685 MEMORANDUM OPINION Raymond Earl Freeman, Appellant, filed an untimely pro se notice of appeal from his conviction for the offense of manslaughter. We dismiss the appeal. The documents on file in this case indicate that Appellant s sentence was imposed on October 14, 2005, and that his pro se notice of appeal was filed in the district clerk s office on January 21, 2014. When the appeal was filed in this court, we notified Appellant by letter that the notice of appeal appeared to be untimely. We requested that Appellant respond on or before July 18, 2014, and show grounds to continue this appeal. We also informed him that the appeal may be dismissed. Appellant has not responded. Pursuant to TEX. R. APP. P. 26.2, Appellant s notice of appeal was due to be filed within thirty days after the date that his sentence was imposed in open court. A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). Appellant s notice of appeal was filed with the clerk of the trial court more than eight years after his sentence was imposed and was, therefore, untimely. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain the appeal. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993). Because we have no jurisdiction, we must dismiss the appeal. This appeal is dismissed for want of jurisdiction. PER CURIAM July 24, 2014 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2
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