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Diaz v. State

Court of Appeals of Texas, Second District, Fort Worth
Oct 28, 2010
No. 02-10-00336-CR (Tex. App. Oct. 28, 2010)

Opinion

No. 02-10-00336-CR

Delivered: October 28, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

Appealed from the 367th District Court of Denton County.

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.


MEMORANDUM OPINION


Appellant filed a notice of appeal challenging his conviction and probated sentence for unauthorized use of a motor vehicle. The trial court sentenced appellant on April 29, 2010, and appellant filed a timely motion for new trial. Accordingly, appellant's notice of appeal was due July 28, 2010. See Tex. R. App. P. 26.2(a)(2). Appellant did not file a notice of appeal until August 11, 2010, and he did not file a timely motion to extend time to file the notice of appeal. See Tex. R. App. P. 26.3. Appellant's counsel responded to a prior inquiry regarding the trial court's certification, but he did not respond to our inquiry regarding the late notice of appeal. Nevertheless, his response regarding the certification does not show grounds for continuing the appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Olivo v. State, 918 S.W.2d at 519, 522-23 (Tex. Crim. App. 1996).


Summaries of

Diaz v. State

Court of Appeals of Texas, Second District, Fort Worth
Oct 28, 2010
No. 02-10-00336-CR (Tex. App. Oct. 28, 2010)
Case details for

Diaz v. State

Case Details

Full title:WALTER DIAZ APPELLANT v. THE STATE OF TEXAS STATE

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Oct 28, 2010

Citations

No. 02-10-00336-CR (Tex. App. Oct. 28, 2010)