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Garcia v. State

Court of Appeals of Texas, Eleventh District, Eastland
Apr 5, 2007
No. 11-07-00067-CR (Tex. App. Apr. 5, 2007)

Opinion

No. 11-07-00067-CR

Opinion filed April 5, 2007. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 244th District Court Ector County, Texas, Trial Court Cause No. C-33,037.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.


OPINION


The jury convicted Ramon Calderon Garcia of driving while intoxicated as a subsequent offense, found an enhancement allegation to be true, and sentenced him to confinement for ten years. Sentence was imposed in open court on November 2, 2006. Appellant filed a notice of appeal on March 20, 2007, 138 days after the date the sentence was imposed. On March 22, 2007, appellant filed a motion to extend time in which to file his notice of appeal. A motion for new trial was not filed. Neither the notice of appeal nor the motion for extension of time were timely filed. TEX. R. APP. P. 26.2, 26.3. Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex.Crim.App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Crim.App. 1993); Shute v. State, 744 S.W.2d 96 (Tex.Crim.App. 1988). Appellant may be able to secure an out-of-time appeal by filing a postconviction writ pursuant to TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon 2005). The motion is overruled, and the appeal is dismissed.


Summaries of

Garcia v. State

Court of Appeals of Texas, Eleventh District, Eastland
Apr 5, 2007
No. 11-07-00067-CR (Tex. App. Apr. 5, 2007)
Case details for

Garcia v. State

Case Details

Full title:RAMON CALDERON GARCIA, Appellant v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: Apr 5, 2007

Citations

No. 11-07-00067-CR (Tex. App. Apr. 5, 2007)