From Casetext: Smarter Legal Research

Garcia v. State

Court of Appeals of Texas, Fifth District, Dallas
Apr 29, 2009
Nos. 05-09-00431-CR, 05-09-00432-CR (Tex. App. Apr. 29, 2009)

Opinion

Nos. 05-09-00431-CR, 05-09-00432-CR

Opinion Filed April 29, 2009. DO NOT PUBLISH. Tex. R. App. P. 47

On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause Nos. F04-53164-LI, F07-73676-I.

Before Justices MORRIS, RICHTER, and LANG-MIERS.


MEMORANDUM OPINION


Frencho Garcia was convicted of aggravated assault with a deadly weapon and aggravated robbery. In each case, the trial court sentenced appellant to seven years' imprisonment. Sentence was imposed in open court on May 12, 2008 and no motion for new trial was filed. Therefore, appellant's notice of appeal was due by June 11, 2008. See Tex. R. App. P. 26.2(a)(1). On September 23, 2008, appellant sent this Court a letter stating he wished to appeal the above two appeals. This letter has been treated as a notice of appeal. See Tex. R. App. P. 25.2(c). Because the September 23, 2008 notice of appeal is untimely, we dismiss the appeals for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.).


Summaries of

Garcia v. State

Court of Appeals of Texas, Fifth District, Dallas
Apr 29, 2009
Nos. 05-09-00431-CR, 05-09-00432-CR (Tex. App. Apr. 29, 2009)
Case details for

Garcia v. State

Case Details

Full title:FRENCHO GARCIA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Apr 29, 2009

Citations

Nos. 05-09-00431-CR, 05-09-00432-CR (Tex. App. Apr. 29, 2009)