Miles Wesley Kenney v. The State of Texas Appeal from 415th District Court of Parker County (memorandum opinion)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-17-00375-CR MILES WESLEY KENNEY APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 415TH DISTRICT COURT OF PARKER COUNTY TRIAL COURT NO. CR17-0059 ---------- MEMORANDUM OPINION1 ---------On September 26, 2017, the trial court sentenced appellant Miles Wesley Kenney to seventeen years’ confinement for evading arrest or detention while using a vehicle.2 That same day, the trial court certified that Kenney had the right 1 See Tex. R. App. P. 47.4. See Tex. Penal Code Ann. § 38.04(a), (b)(2) (West 2016). Kenney’s judgment of conviction states that a prior felony conviction enhanced his 2 to appeal his conviction. On November 15, 2017, Kenney sent a letter to the trial court expressing his desire to appeal. On November 17, 2017, the district clerk file-stamped Kenney’s letter. On November 20, 2017, we sent a letter to Kenney expressing our concern that we lack jurisdiction over the appeal because his notice of appeal—his letter—was not timely filed. We stated that unless he filed a response showing grounds for continuing the appeal, we would dismiss it. See Tex. R. App. P. 44.3. We have not received such a response. Kenney’s untimely notice of appeal is insufficient to invoke our jurisdiction. See Tex. R. App. P. 25.2(b), 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). /s/ Wade Birdwell WADE BIRDWELL JUSTICE PANEL: SUDDERTH, C.J.; WALKER and BIRDWELL, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: February 1, 2018 sentencing range to that of a second-degree felony. See id. § 12.42(a) (West Supp. 2017). 2
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