Ebony Living v. The State of TexasAppeal from County Court at Law No 2 of Jefferson County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00247-CR ____________________ EBONY LIVING, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the County Court at Law No. 2 Jefferson County, Texas Trial Cause No. 293812 __________________________________________________________________ MEMORANDUM OPINION A jury convicted appellant Ebony Living of terroristic threat, and on April 3, 2014, the trial court sentenced her to one hundred eighty days of confinement, but suspended imposition of sentence and placed her on community supervision for two years. Because Living did not file a motion for new trial, her notice of appeal was due on May 5, 2014. See Tex. R. App. P. 26.2(a)(1) (Notice of appeal must be filed within thirty days of sentencing in the absence of a timely-filed motion for new trial.). Living s notice of appeal was not filed until May 23, 2014, and Living 1 did not file a motion to extend the time for filing the notice of appeal with this Court. See Tex. R. App. P. 26.3. Accordingly, on May 29, 2014, we informed Living by letter that we would dismiss the appeal on or after June 13, 2014, unless any party filed a response showing grounds for continuing the appeal. Living filed a response, in which she contends the trial court granted her motion for leave to file an out-of-time appeal. On May 29, 2014, the trial court signed an order purporting to grant Living s motion to file her appellate brief outside the time limitation. 1 The Court finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.2. A notice of appeal that complies with Rule 26 of the Texas Rules of Appellate Procedure is required to vest this Court with jurisdiction. See Tex. R. App. P. 25.2(b), 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Only the Court of Criminal Appeals may grant an out-of-time appeal. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2013); Olivo, 918 S.W.2d at 525 n.8. Because Living s notice of appeal was not timely filed, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 26.2(a)(1). APPEAL DISMISSED. 1 In her motion filed with the trial court, Living states that counsel handdelivered her Notice of Appeal on or about April 8, 2014, but for some unknown reason, it was not processed. 2 ________________________________ LEANNE JOHNSON Justice Submitted on July 8, 2014 Opinion Delivered July 9, 2014 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ. 3
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