30 2010 11 2010 v. << (2010)

Court of Appeals of Texas, Waco.

On September 30, 2010, we sent Appellant a letter advising him that unless he provided proof by October 11, 2010, that he had properly addressed, stamped, and mailed his notice of appeal by United States Postal Service to the proper trial court on or before the due date, we would dismiss his appeal for want of jurisdiction. To date, we have received no response.

NO. 02-10-00308-CR

Decided: November 10, 2010

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998). The court of criminal appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App.1996); see also Slaton, 981 S.W.2d at 210.

Because the notice of appeal in this case was untimely, we have no jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex.R.App. P. 42.3(a), 43.2(f).

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

Tex.R. App. P. 47.2(b)

DELIVERED: November 10, 2010

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