Ronald Edwin Duncan v. The State of Texas Appeal from County Court at Law No 1 of Montgomery County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00453-CR NO. 09-18-00454-CR NO. 09-18-00455-CR ____________________ RONALD EDWIN DUNCAN, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the County Court at Law No. 1 Montgomery County, Texas Trial Cause Nos. 18-330373, 18-330374, and 18-330375 ________________________________________________________ _____________ MEMORANDUM OPINION The trial court sentenced Ronald Edwin Duncan on October 15, 2018. The notices of appeal were due to be filed on November 14, 2018. See Tex. R. App. P. 26.2(a)(1). A notice of appeal was not filed until November 21, 2018, and Duncan did not timely file a motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3. 1 On December 10, 2018, we notified the parties that the appeals had not been timely perfected and that the appeals would be dismissed unless a written response is filed in this Court showing cause why these appeals should not be dismissed for lack of jurisdiction. Duncan filed a response but failed to demonstrate that our appellate jurisdiction was invoked within the time permitted for perfecting the appeals. A timely notice of appeal is necessary to invoke appellate jurisdiction. See Slaton v. State, 981 S.W.2d 208, 209 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). “When a notice of appeal, but no motion for extension of time, is filed within the 15-day period, the court of appeals can take no action other than to dismiss the appeal for lack of jurisdiction.” Aleman v. State, 554 S.W.3d 794, 795 (Tex. App.—Houston [14th Dist.] 2018, no pet.). We dismiss the appeals for lack of jurisdiction. APPEALS DISMISSED. ________________________________ LEANNE JOHNSON Justice Submitted on January 29, 2019 Opinion Delivered January 30, 2019 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 2

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