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Olishea Lashawn Smith v. The State of Texas
Case Number: NO. 03-19-00009-CR NO. 03-19-00010-CR
Judge: Melissa Goodwin
Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Plaintiff's Attorney: Mr. Bob D. Odom
Defendant's Attorney: Mr. David Hudson
Appellant Olishea Lashawn Smith seeks to appeal from two judgments of conviction
for murder. See Tex. Penal Code § 19.02(b)(1).
Rule 26.2 of the Texas Rules of Appellate Procedure provides that an appeal is
perfected in a criminal case when notice of appeal is filed within 30 days after the day sentence is
imposed or suspended in open court unless a motion for new trial is timely filed. Tex. R. App. P.
26.2(a)(1). Compliance with Rule 26—the timely filing of a notice of appeal—is essential to vest
this Court with jurisdiction. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012);
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522
(Tex. Crim. App. 1996).
In each of these cases, the trial court imposed sentence on December 3, 2018. No
motion for new trial was filed. The deadline for perfecting appeal, therefore, was January 2, 2019.
See Tex. R. App. P. 26.2(a)(1). Appellant filed her notice of appeal in each of these cases on
January 3, 2019 Thus, appellant’s notices of appeal are untimely.
Outcome: Absent a timely filed notice of appeal, we do not obtain jurisdiction to add ress the merits of an appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. See Castillo, 369 S.W.3d at 198; Slaton, 981 S.W.2d at 210. Accordingly, these appeals are dismissed.