Zachariah Elias Vanderburg v. The State of Texas--Appeal from 355th District Court of Hood County
Annotate this Case
Download PDF
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-051-CR ZACHARIAH ELIAS VANDERBURG APPELLANT V. THE STATE OF TEXAS STATE ------------ FROM THE 355TH DISTRICT COURT OF HOOD COUNTY ------------ MEMORANDUM OPINION 1 -----------Appellant Zachariah Elias Vanderburg attempts to appeal from the trial court s judgments sentencing him to two years imprisonment for one count of sexual assault and six years community supervision for a second count of sexual assault. We dismiss the appeal for lack of jurisdiction. Vanderburg s sentence was imposed on November 21, 2008. Vanderburg filed a motion for new trial, so his notice of appeal was due within 1 ¦ See Tex. R. App. P. 47.4. ninety days that is, on or before February 19, 2009. See Tex. R. App. P. 26.2(a)(2). Vanderburg did not file his notice of appeal until February 24, 2009. We sent notice to Vanderburg on March 26, 2009, stating that because of the apparent untimeliness of his notice of appeal, we would dismiss the appeal unless he or any party desiring to continue the appeal responded by April 6, 2009, and showed grounds for continuing the appeal. See Tex. R. App. P. 9.2(b)(1) (2). We received no response. The lack of a timely notice of appeal deprives this court of jurisdiction. See State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000); Olivo v. State, 918 S.W.2d 519, 522 23 (Tex. Crim. App. 1996); Williams v. State, 76 S.W.3d 207, 209 (Tex. App. Fort Worth 2002, no pet.). Therefore, because Vanderburg failed to timely file his notice of appeal and failed to provide us with grounds for continuing his appeal, we must dismiss the appeal for want of jurisdiction.2 See Tex. R. App. P. 43.2(f). PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: April 30, 2009 2 ¦ Because we lack jurisdiction over the appeal, we take no action on Vanderburg s counsel s motion to withdraw that was filed on March 16, 2009. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
