Opinion
NO. 02-16-00105-CR
05-26-2016
DEMETRIUS BOGAN APPELLANT v. THE STATE OF TEXAS STATE
FROM COUNTY CRIMINAL COURT NO. 2 OF TARRANT COUNTY
TRIAL COURT NO. 1439551 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Demetrius Bogan attempts to appeal from his January 29, 2016 conviction for terroristic threat against a member of his family or household. See Tex. Penal Code Ann. § 22.07(a)(2), (c)(1) (West 2011). As Bogan did not file a motion for new trial, his notice of appeal was due no later than February 29, 2016. See Tex. R. App. P. 26.2(a)(1). Bogan's pro se notice of appeal was postmarked on March 8, 2016, and file-stamped by the trial-court clerk on March 14, 2016. See Tex. R. App. P. 9.2(b); see also Campbell v. State, 320 S.W.3d 338, 342 (Tex. Crim. App. 2010) (discussing rule 9.2(b) and recognizing that document received within ten days of deadline is timely filed if document mailed to proper clerk, placed in properly stamped and addressed envelope, and deposited in the mail on or before the due date).
On April 26, 2016, we notified Bogan that it appeared we lacked jurisdiction over this appeal because his notice of appeal was not timely filed.See Tex. R. App. 26.2(a)(1). We advised him that this appeal could be dismissed unless he, or any party desiring to continue the appeal, filed a response showing grounds for continuing the appeal on or before May 6, 2016. See Tex. R. App. P. 44.3. We received no response.
That same day we also notified Bogan that it appeared we lacked jurisdiction over this appeal because the trial court's certification of his right to appeal states that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2).
Before we issued our notice questioning our jurisdiction, Bogan sent this court a letter in which he complained about the voluntariness of his guilty plea and the sufficiency of the evidence to support his conviction. Bogan did not address his untimely notice of appeal. --------
A timely notice of appeal is essential to vest this court with jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). Although we may extend the jurisdictional deadline if a notice of appeal is filed in the trial court within fifteen days of its due date, which occurred here, we may not do so in the absence of a motion requesting such relief. See Tex. R. App. P. 26.3; Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Kessinger v. State, 26 S.W.3d 725, 726 (Tex. App.—Fort Worth 2000, pet. ref'd). Bogan did not file a motion for extension of time with his notice of appeal. Further, because there is no evidence that Bogan delivered his notice of appeal to prison authorities for mailing on or before February 29, 2016, he cannot rely on rule 9.2(b) to confer jurisdiction on this court. See Tex. R. App. P. 9.2(b)(1); Campbell, 320 S.W.3d at 342. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE PANEL: MEIER, GABRIEL, and SUDDERTH, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: May 26, 2016