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Ex parte King

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Mar 7, 2018
NO. 03-18-00062-CR (Tex. App. Mar. 7, 2018)

Opinion

NO. 03-18-00062-CR

03-07-2018

Ex parte Jolando King


FROM THE 450TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-16-201710, THE HONORABLE BRAD URRUTIA, JUDGE PRESIDING MEMORANDUM OPINION

Jolando King has filed a notice of appeal from an order of the trial court denying his application for writ of habeas corpus filed pursuant to Article 11.072 of the Texas Code of Criminal Procedure. The district court signed the order denying the application on December 12, 2017. Thus, the deadline for perfecting the appeal was January 11, 2018. See Tex. R. App. P. 26.2(a)(1). King filed his notice of appeal on January 26, 2018, fifteen days after the deadline for perfecting the appeal. On January 30, 2018, he filed a motion for extension of time to file his notice of appeal, but the deadline for filing that motion was January 26, 2018. See Tex. R. App. P. 26.3.

Absent a timely filed notice of appeal, we lack jurisdiction to dispose of this appeal in any manner other than by dismissing it for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). We are also without jurisdiction to grant a motion for extension of time that is filed more than fifteen days after the date that the notice of appeal was due. See Olivo, 918 S.W.2d at 522, 526. Accordingly, we deny the motion for extension of time and dismiss the appeal for want of jurisdiction.

/s/_________

David Puryear, Justice Before Justices Puryear, Pemberton, Bourland Dismissed for Want of Jurisdiction Filed: March 7, 2018 Do Not Publish


Summaries of

Ex parte King

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Mar 7, 2018
NO. 03-18-00062-CR (Tex. App. Mar. 7, 2018)
Case details for

Ex parte King

Case Details

Full title:Ex parte Jolando King

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Mar 7, 2018

Citations

NO. 03-18-00062-CR (Tex. App. Mar. 7, 2018)