Nicole A. Garrison v. The State of Texas--Appeal from Criminal District Court No. 1 of Tarrant County (per curiam)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00490-CR Nicole A. Garrison of Tarrant County (1248453D) § December 13, 2012 § The State of Texas From Criminal District Court No. 1 § v. § Per Curiam § (nfp) JUDGMENT This court has considered the record on appeal in this case and holds that the appeal should be dismissed. It is ordered that the appeal is dismissed for want of jurisdiction. SECOND DISTRICT COURT OF APPEALS PER CURIAM COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00490-CR NICOLE A. GARRISON APPELLANT V. THE STATE OF TEXAS STATE ---------FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 ---------Appellant Nicole A. Garrison filed her notice of appeal of the trial court s October 21, 2011 order of deferred adjudication almost one year later, on October 10, 2012. On October 22, 2012, we sent Garrison a letter informing her of our concern that we lacked jurisdiction over the appeal because of the untimely filing of the notice of appeal. See Tex. R. App. P. 26.2(a)(1). We requested that she or any party desiring to continue the appeal file a response 1 See Tex. R. App. P. 47.4. 2 showing grounds for continuing the appeal by November 1, 2012, or the appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. No response was filed. This court does not have authority to grant an out-of-time appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (reasoning that if an appeal is not timely perfected, a court of appeals has no jurisdiction to address the merits of the appeal and can take no action other than to dismiss it). Only the Texas Court of Criminal Appeals may grant an out of time appeal. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2012); Olivo v. State, 918 S.W.2d 519, 523, 525 n.8 (Tex. Crim. App. 1996). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Olivo, 918 S.W.2d at 523. PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: December 13, 2012 3
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