Court of Civil Appeals of Texas, 2012

Richard C. Rochester v. State

Richard C. Rochester v. State
Court of Civil Appeals of Texas · Decided February 23, 2012

Richard C. Rochester v. State

Opinion

Opinion issued February 23, 2012.

 

 

 

 

 

             

 

In The

Court of Appeals

For The

First District of Texas

____________

 

NO. 01-11-01051-CR

____________

 

RICHARD CURTIS ROCHESTER, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 


On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1318209

 

 


MEMORANDUM OPINION


              Appellant, Richard Curtis Rochester, attempts to appeal his October 12, 2011 conviction for injury to a child.  Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on or before November 11, 2011.  See Tex. R. App. P. 26.2(a).  Appellant filed his notice of appeal on November 23, 2011.[1]

              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. 43.2(f); Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 523.  We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.

Do not publish.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



[1] Appellant’s motion to withdraw plea of guilty, which was filed in conjunction with his notice of appeal, is dated November 16, 2011, and the envelope in which the filings were mailed reflects a date of November 18, 2011.  Nevertheless, even if the notice of appeal is considered filed on November 16, 2011, the notice was untimely.  See Tex. R. App. P. 9.2(b), 26.2(a).

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