Raymond Domonic Cozzi, Jr. v. The State of Texas--Appeal from County Criminal Court No. 1 of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-259-CR

RAYMOND DOMONIC COZZI, JR. APPELLANT

V.

THE STATE OF TEXAS STATE

------------

FROM COUNTY CRIMINAL COURT NO. 1 OF TARRANT COUNTY

------------

MEMORANDUM OPINION[1]

------------

On November 20, 2003, the trial court sentenced Appellant Raymond Domonic Cozzi, Jr., to ninety days= confinement in the Tarrant County Jail and fined him $550.00. His notice of appeal was due within thirty days after the day the sentence was imposed, or within ninety days from that day if he timely filed a motion for new trial.[2]

Appellant did not file his notice of appeal until July 6, 2006; thus it is untimely.[3]

Because the notice of appeal is untimely and it appeared we lacked jurisdiction, we sent a letter to Appellant on August 9, 2006, requesting a response showing grounds for continuing the appeal. Appellant responded, but his response did not present grounds on which we may continue the appeal. A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction.[4] The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal or a timely filed motion for extension of time, we cannot exercise jurisdiction over an appeal.[5]

Because Appellant=s notice of appeal was untimely filed, we dismiss this case for want of jurisdiction.[6]

PER CURIAM

PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: August 31, 2006

[1]See Tex. R. App. P. 47.4.

[2]See Tex. R. App. P. 26.2(a)(2).

[3]See id.

[4]Id.

[5]See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

[6]See Tex. R. App. P. 26.2(a)(2), 43.2(f).