Court of Civil Appeals of Texas, 2022

Marquisha Anita Williams v. the State of Texas

Marquisha Anita Williams v. the State of Texas
Court of Civil Appeals of Texas · Decided October 11, 2022

Marquisha Anita Williams v. the State of Texas

Opinion

Appeal Dismissed and Memorandum Opinion filed October 11, 2022.

In The Fourteenth Court of Appeals NO. 14-22-00523-CR MARQUISHA ANITA WILLIAMS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 248th District Court Harris County, Texas Trial Court Cause No. 1419632 MEMORANDUM OPINION Appellant was granted an out-of-time appeal. See Ex parte Williams, No. WR-93,337-01, 2022 WL 945792, at *1 (Tex. Crim. App. Mar. 30, 2022). The deadline for filing the notice of appeal was thirty days from the date the Texas Court of Criminal Appeals issued its mandate. See id. The mandate issued May 3, 2022. Accordingly, the notice of appeal was due June 2, 2022.

Appellant’s notice of appeal was filed July 14, 2022, more than thirty days later. See Tex. R. App. P. 26.1. No motion for extension of time to file the notice of appeal was filed within fifteen days of the due date. See Tex. R. App. P. 26.3.

A notice of appeal that complies with the requirements of Texas Rule of Appellate Procedure 26 is essential to vest the court of appeals with jurisdiction.

Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). When a notice of appeal is not filed within the 15-day period, the court of appeals can take no action other than to dismiss the appeal for lack of jurisdiction. See id. On August 10, 2022, the parties were notified that the appeal was subject to dismissal for want of jurisdiction unless a party demonstrated that the court has jurisdiction. Appellant’s response does not demonstrate this court’s jurisdiction.

We dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Bourliot and Zimmerer.

Do Not Publish — Tex. R. App. P. 47.2(b).

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