David Ponder v. The State of Texas Appeal from County Court at Law No. 4 of Travis County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00060-CR David Ponder, Appellant v. State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY NO. C-1-CR-15-100004, HONORABLE MIKE DENTON, JUDGE PRESIDING MEMORANDUM OPINION David Ponder seeks to appeal his December 13, 2016 judgment of conviction from the county court at law.1 The thirty-day deadline for perfecting the appeal was January 12, 2017. See Tex. R. App. P. 26.2(a)(1). However, Ponder did not file his notice of appeal until January 20, 2017,2 and he did not seek an extension of time to file his notice of appeal. See Tex. R. App. P. 26.3. Under the circumstances, we lack jurisdiction to dispose of this purported appeal in any manner other than by dismissing it for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996) (concluding that when belated notice of appeal is filed without 1 Because Ponder was tried in municipal court, his appeal was initially to the county court at law. See Hassan v. State, 369 S.W.3d 872, 874 (Tex. Crim. App. 2012); see also Tex. Gov’t Code § 30.00027. 2 Ponder’s certificate of service states that he served the prosecutor’s office by hand delivery the same day. timely motion for extension of time appellate court must dismiss purported appeal for lack of jurisdiction); see also Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that amendments to rules of appellate procedure did not affect Olivo’s rationale requiring timely notice of appeal to vest appellate court with jurisdiction); Garza v. State, Nos. 14-06-00595-CR & 14-06-00596-CR, 2006 Tex. App. LEXIS 6581, at *2 (Tex. App.—Houston [14th Dist.] July 27, 2006, no pet.) (mem. op., not designated for publication) (concluding that court of appeals lacked jurisdiction to consider merits of appeals from county court at law for cases that were tried in municipal court because notices of appeal were untimely filed in court of appeals). The appeal is dismissed for want of jurisdiction. __________________________________________ Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Goodwin Dismissed for Want of Jurisdiction Filed: September 8, 2017 Do Not Publish 2
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