Sharlon Denise Williams, Appellant v. The State of Texas, Appellee (2015)

MEMORANDUM OPINION

Sharlon Denise Williams, Appellant, filed an untimely notice of appeal from a conviction for accident involving injury or death—fail to render assistance.   We dismiss the appeal.

The documents on file in this case indicate that Appellant's sentence was imposed on September 13, 2013, and that her notice of appeal was filed in the district clerk's office on May 19, 2015.   When the appeal was filed in this court, we notified Appellant by letter that the notice of appeal appeared to be untimely and that the appeal may be dismissed.   We requested that Appellant respond to our letter and show grounds to continue.   Appellant has not filed a response to this court's letter.

Pursuant to Tex.R.App. P. 26.2, a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed in open court.   A notice of appeal must be in writing and filed with the clerk of the trial court.   Tex.R.App. P. 25.2(c)(1).   The documents on file in this court reflect that Appellant's notice of appeal was filed with the clerk of the trial court 613 days after sentence was imposed.   The notice of appeal was, therefore, untimely.   Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain this appeal.  Slaton v. State, 981 S.W.2d 208 (Tex.Crim.App.1998);  Olivo v. State, 918 S.W.2d 519 (Tex.Crim.App.1996);  Rodarte v. State, 860 S.W.2d 108 (Tex.Crim.App.1993).   Neither a notice of appeal nor a motion for extension were filed within the fifteen-day period permitted by Tex.R.App. P. 26.3.   This court, as an intermediate appellate court, has no jurisdiction to grant an out-of-time appeal or to grant an untimely motion for extension;  the Texas Court of Criminal Appeals is the only court with jurisdiction in final postconviction felony proceedings.  Olivo, 918 S.W.3d at 522–24, 525 n.8;  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App.1991).

This appeal is dismissed for want of jurisdiction.

PER CURIAM