Richard Wade Gatlin v. the State of Texas

Dismissed and Memorandum Opinion filed August 1, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00451-CR
NO. 14-24-00452-CR

RICHARD WADE GATLIN, Appellant
V.

THE STATE OF TEXAS, Appellee

On Appeal from the 155th District Court
Austin County, Texas
Trial Court Cause No. 2023R-0123, 2023R-0124

MEMORANDUM OPINION

Appellant was convicted of attempted assault of a family member and
assault causing bodily injury against a family member and sentenced to 2 years’
incarceration on the attempted assault charge and to 20 years’ incarceration on the
assault charge, both to run concurrently, on May 2, 2024. No timely motion for
new trial was filed. Therefore, appellant’s notices of appeal were due by June 3,
2024. See Tex. R. App. P. 26.2(a)(1).

A court of appeals may grant an extension of time if, within 15 days after the
deadline for filing the notice of appeal, the party files (a) the notice of appeal in the
trial court, and (b) a motion for extension of time in the court of appeals. See Tex.
R. App. P. 26.3; see also Tex. R. App. P. 10.5(b)(2) (governing motion for
extension of time to file notice of appeal). The fifteenth day after June 3, 2024, was
June 18, 2024.

Appellant filed his written notices of appeal on June 20, 2024 a date that is
not within 15 days of the due date. In his notices of appeal, appellant states that he
gave an oral notice of appeal on May 2, 2024. The oral notice was not sufficient to
perfect appellant’s appeal. The Texas Rules of Appellate Procedure provide that
“[n]otice must be given in writing and filed with the trial court clerk.” Tex. R. App.
P. 25.2(c)(1); see Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988) (oral
notice of appeal not sufficient).

A notice of appeal that complies with the requirements of Texas Rule of
Appellate Procedure 26 is essential to vest the court of appeals with jurisdiction.
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). When a notice of
appeal is not filed within the 15-day period, the court of appeals can take no action
other than to dismiss the appeal for lack of jurisdiction. See id.

On June 27, 2024, the parties were notified that the appeals would be
dismissed for lack of jurisdiction unless a party demonstrated that the court has
jurisdiction within 21 days. No response has been received.

Accordingly, the appeals are dismissed for lack of jurisdiction.

PER CURIAM

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Panel consists of Justices Wise, Bourliot, and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b).

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