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Alcoser v. State

Court of Appeals of Texas, Seventh District, Amarillo
Oct 26, 2022
No. 07-22-00283-CR (Tex. App. Oct. 26, 2022)

Opinion

07-22-00283-CR

10-26-2022

DANNY WAYNE ALCOSER, APPELLANT v. THE STATE OF TEXAS, APPELLEE


Do not publish

On Appeal from the 19th District Court McLennan County, Texas Trial Court No. 2016-1261-C1, Honorable Thomas C. West, Presiding

Before QUINN, C.J., and PARKER and DOSS, JJ.

MEMORANDUM OPINION

PER CURIAM

Appellant, Danny Wayne Alcoser, filed a document with this Court seeking to appeal a trial court order issued on July 13, 2022. We have construed the document as a notice of appeal. Assuming, arguendo, that we have the authority to review the order as part of appellant's previously transferred appeal, see Alcoser v. State, No. 07-18-00032-CR, 2022 Tex.App. LEXIS 5722, at *1 (Tex. App.-Amarillo Aug. 9, 2022, no pet. h.) (mem. op., not designated for publication), we dismiss the current appeal for want of jurisdiction because it was untimely filed.

The trial court issued the order on July 13, 2022. A notice of appeal from the order was, therefore, due within thirty days, by August 12, 2022. See Tex. R. App. P. 26.2(a)(2). Appellant filed a notice of appeal with this Court on October 11, 2022. Because the timely filing of a written notice of appeal is a jurisdictional prerequisite to hearing an appeal, we have no option but to dismiss the untimely appeal for want of jurisdiction. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012).

Accordingly, we dismiss this appeal for want of jurisdiction.


Summaries of

Alcoser v. State

Court of Appeals of Texas, Seventh District, Amarillo
Oct 26, 2022
No. 07-22-00283-CR (Tex. App. Oct. 26, 2022)
Case details for

Alcoser v. State

Case Details

Full title:DANNY WAYNE ALCOSER, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Oct 26, 2022

Citations

No. 07-22-00283-CR (Tex. App. Oct. 26, 2022)

Citing Cases

Alcoser v. State

See Alcoser v. State, No. 07-22-00283-CR, 2022 Tex.App. LEXIS 7952, (Tex. App.-Amarillo Oct. 26, 2022,…