Marc Alym Kennedy v. State
Marc Alym Kennedy v. State
Opinion
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-18-00137-CR
MARC ALYM KENNEDY APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY TRIAL COURT NO. 0525899A ---------- MEMORANDUM OPINION1 ---------- In 1994, the trial court sentenced appellant Marc Alym Kennedy to six years’ confinement for burglary. In February 2018, he filed a notice of appeal.
We sent him a letter expressing our concern that we lacked jurisdiction over the appeal because the notice of appeal was not timely. We informed him that
See Tex. R. App. P. 47.4. unless he filed a response showing grounds for continuing the appeal, we would dismiss it.
Kennedy responded to our letter, but his response does not show grounds for continuing the appeal. Because his notice of appeal was not timely and because a timely notice of appeal is an essential component of our jurisdiction, we dismiss the appeal. See Tex. R. App. P. 25.2(b), 26.2(a)(1) (stating that a defendant has thirty days after the imposition of a sentence to file a notice of appeal), 43.2(f); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993) (discussing the rule of appellate procedure that preceded rule 26.2, which likewise required the filing of a notice of appeal within thirty days after the imposition of a sentence, and dismissing an untimely appeal for want of jurisdiction).
/s/ Wade Birdwell WADE BIRDWELL JUSTICE
PANEL: SUDDERTH, C.J.; WALKER and BIRDWELL, JJ.
DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: June 14, 2018
Case-law data current through December 31, 2025. Source: CourtListener bulk data.