Donald Ray Springs v. The State of Texas Appeal from 175th District Court of Bexar County (memorandum opinion)
Annotate this Case
Download PDF
In the Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-23-00136-CR DONALD RAY SPRINGS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 175th District Court Bexar County, Texas Trial Court No. 2019CR12744 Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION Donald Ray Springs has filed an untimely notice of appeal from the trial court’s judgment convicting him of possession of a controlled substance with intent to deliver and sentencing him to twenty-five years’ imprisonment.1 We dismiss the appeal for want of jurisdiction. Sentence was imposed in this matter on June 1, 2022, and Springs did not file a motion for new trial. As a result, Springs’s notice of appeal was due on or before July 1, 2022. See TEX. R. APP. P. 26.2(a)(1). Springs did not file his notice of appeal until June 1, 2023, well past the deadline for filing such notice. Consequently, Springs’s attempt to appeal his conviction in this matter was untimely. The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998) (per curiam). By letter dated April 17, 2023, we notified Springs that his notice of appeal appeared to be untimely and that the appeal was subject to dismissal for want of jurisdiction. We gave Springs ten days to respond to our letter and to demonstrate how we have jurisdiction over the appeal notwithstanding the noted defect. Although Springs did respond to our letter, he did not demonstrate how we have jurisdiction over the appeal. 1 Originally appealed to the Fourth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. We find no difference between the precedent of the Fourth Court of Appeals and that of this Court on the relevant issues in this case. See TEX. R. APP. P. 41.3. 2 Because Springs did not timely file his notice of appeal, we dismiss the appeal for want of jurisdiction. Jeff Rambin Justice Date Submitted: Date Decided: August 4, 2023 August 7, 2023 Do Not Publish 3
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.
