Patrick Wellington Ross v. The State of Texas Appeal from 416th Judicial District Court of Collin County (memorandum opinion)

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Dismissed; Opinion Filed January 16, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01461-CR PATRICK WELLINGTON ROSS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-82578-2013 MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Lang Patrick Wellington Ross appeals his conviction for aggravated assault with a deadly weapon. On September 6, 2017, appellant entered a negotiated plea of guilty and was sentenced to three years’ confinement. Because appellant did not file a motion for new trial, his notice of appeal was due thirty days later, on October 6, 2017. See TEX. R. APP. P. 26.2(a)(1). Appellant’s notice of appeal was not filed until December 12, 2017. A timely notice of appeal is essential to vest this Court with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). Although appellant’s notice of appeal was due October 6, 2017, he did not file it until December 12, 2017, outside the thirty-day time period provided in rule 26.2. Because appellant’s notice of appeal was untimely, this Court lacks jurisdiction over the appeal. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 171461F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT PATRICK WELLINGTON ROSS, Appellant No. 05-17-01461-CR On Appeal from the 416th Judicial District Court, Collin County, Texas Trial Court Cause No. 416-82578-2013. Opinion delivered by Justice Lang. Justices Brown and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered this 16th day of January, 2018. –3–

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