Court of Civil Appeals of Texas, 2011

Douglas Fowler v. State

Douglas Fowler v. State
Court of Civil Appeals of Texas · Decided August 25, 2011

Douglas Fowler v. State

Opinion

Opinion issued August 25, 2011.

 

 

 

 

 

             

 

 

In The

Court of Appeals

For The

First District of Texas

____________

 

NO. 01-11-00620-CR

____________

 

Douglas Fowler, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 


On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 09DCR052349

 

 


MEMORANDUM OPINION


              Appellant, Douglas Fowler, attempts to appeal his April 6, 2011 order modifying conditions of community supervision.  Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on or before May 6, 2011.  See Tex. R. App. P. 26.2(a).  Appellant filed his notice of appeal on July 18, 2011. In addition, we have no trial court certification of Appellant's right to appeal.  See Tex. R. App. P. 25.2(a)(2).

              A notice of appeal that complies with the requirements of Rule 26 is essential to vest this court with jurisdiction.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  The court of criminal appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal.  See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.

Because the notice of appeal in this case was untimely, we have no basis for jurisdiction over this appeal.  Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 25.2(d), 42.3(a), 43.2(f).  We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.

Do not publish.   Tex. R. App. P. 47.2(b).

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