Court of Civil Appeals of Texas, 2012

John Spencer Barber, Jr. v. State of Texas

John Spencer Barber, Jr. v. State of Texas
Court of Civil Appeals of Texas · Decided October 11, 2012

John Spencer Barber, Jr. v. State of Texas

Opinion

Order filed October 11, 2012

 

                                                                       In The

                                                                             

  Eleventh Court of Appeals

                                                                   __________

 

                                    Nos. 11-12-00207-CR & 11-12-00208-CR

                                                    __________

 

                          JOHN SPENCER BARBER, JR., Appellant

 

                                                             V.

 

                                      STATE OF TEXAS, Appellee

 

                              On Appeal from the County Court at Law No. 1

 

                                                        Williamson County, Texas

 

                                     Trial Court Cause Nos. 11-05640-1 & 11-05627-1

 

 

                                                                     O R D E R

 

John Spencer Barber, Jr. has filed in each case in this court a motion to correct the record and rehearing of extension of time to file appeal.  Barber timely filed motions for extension of time to file a notice of appeal from each of the June 29, 2012 judgments of conviction.  However, Barber failed to file a notice of appeal from either of those judgments.  Consequently, this court dismissed Barber’s motions for extension as moot.  Barber now requests that we reconsider his timely filed motions to extend the time to file appeals from the final judgments that were entered by the trial court on June 29 and that we assign separate cause numbers to the motions for extension. 

Pursuant to Tex. R. App. P. 26.2, the notices of appeal were due to be filed in the trial court within thirty days after the date the sentences were imposed in open court, making the due date Monday, July 30, 2012.  Barber filed motions for extension of time as provided for in Tex. R. App. P. 26.3.  However, Rule 26.3 mandates that both the notice of appeal and the motion for extension must be filed within fifteen days after the deadline for filing the notice of appeal, which would have been August 14, 2012.  As of August 31, 2012, the date that this court dismissed as moot his motions for extension, Barber had not filed a notice of appeal from either of the June 29 judgments.  Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal.  Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993).  When an appellant does not comply with Rule 26.3, this court has no authority to grant a motion for extension of time to file a notice of appeal.

Barber’s motions to correct the record and to reconsider his requests for extension are denied.

 

                                                                                                PER CURIAM

 

October 11, 2012

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

Panel[1] consists of: Wright, C.J.,

McCall, J., and Hill.[2]



[1]Eric Kalenak, Justice, resigned effective September 3, 2012.  The justice position is vacant pending appointment of a successor by the governor or until the next general election.

 

[2]John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.