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Rochelle Nichole Simon v. State of Texas
Citation: Not availableDocket: 11-12-00277-CR
Court: Court of Appeals of Texas; October 18, 2012; Texas; State Appellate Court
Original Court Document: View Document
Rochelle Nichole Simon's appeal from her conviction for possession of a controlled substance has been dismissed by the Eleventh Court of Appeals due to lack of jurisdiction. The trial court certified that Simon had waived her right to appeal, and a letter from the court indicated that her notice of appeal was untimely. The notice was filed on September 21, 2012, thirty-six days after her sentence was imposed on August 16, 2012, exceeding the thirty-day deadline mandated by Texas Rule of Appellate Procedure 26.2. Simon was directed to file a motion for extension by October 2, 2012, but failed to respond or file the necessary motion. As a result, the court concluded that it lacked jurisdiction to consider the appeal, further reinforced by the trial court's certification indicating no right of appeal. The appeal was dismissed without further action. The opinion was delivered per curiam on October 18, 2012, with the panel consisting of Chief Justice Wright, Justice McCall, and Justice Hill, who was sitting by assignment. The document is not intended for publication.