30 2010 10 2011 v. << (2011)

Court of Appeals of Texas, Waco.

On December 30, 2010, we sent Appellant and her attorney a letter advising that we were concerned that we lacked jurisdiction over this appeal and that we would dismiss the appeal for want of jurisdiction unless Appellant or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal by January 10, 2011. Appellant filed a response, but it does not set forth grounds for continuing the appeal. Appellant's attorney did not respond.

NO. 02-10-00536-CR

Decided: February 11, 2011

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

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 basis for jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex.R.App. P. 25.2(d), 42.3(a), 43.2(f).

PANEL: GARDNER, WALKER, and MCCOY, JJ.

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

DELIVERED: February 10, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4.. FN1. See Tex.R.App. P. 47.4.

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