From Casetext: Smarter Legal Research

Gardner v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Oct 17, 2013
No. 10-13-00348-CR (Tex. App. Oct. 17, 2013)

Opinion

No. 10-13-00346-CR No. 10-13-00347-CR No. 10-13-00348-CR No. 10-13-00349-CR No. 10-13-00350-CR No. 10-13-00351-CR No. 10-13-00352-CR No. 10-13-00353-CR

2013-10-17

MILTON LEE GARDNER, Appellant v. THE STATE OF TEXAS, Appellee


From the Mexia Municipal Court

Limestone County, Texas

Trial Court Nos. 112618, 112619, 130068, 130979,

131012, 131018, 131019, and 131162


MEMORANDUM OPINION

Milton Lee Gardner filed notices of appeal with this Court on October 4, 2013 regarding eight separate traffic offenses to which he pled guilty in the municipal court in July of 2013. Even if this Court had jurisdiction of direct appeals of traffic offenses, which we do not, see TEX. CODE CRIM. PROC. ANN. arts. 4.03; 45.042(a) (West 2006 & Supp. 2012) (generally, appeals from a justice or municipal court are to the county court, not the court of appeals), we have no jurisdiction because Gardner's notices of appeal are untimely. See TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no jurisdiction where the notice of appeal is untimely).

Accordingly, these appeals are dismissed.

A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by the Court of Criminal Appeals, a petition for discretionary review must be filed in the Court of Criminal Appeals within 30 days after either the day the Court of Appeals' judgment was rendered or the day the last timely motion for rehearing was overruled by the Court of Appeals. TEX. R. APP. P. 68.2(a).

TOM GRAY

Chief Justice
Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins
Appeals dismissed
Do not publish
[CR25]


Summaries of

Gardner v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Oct 17, 2013
No. 10-13-00348-CR (Tex. App. Oct. 17, 2013)
Case details for

Gardner v. State

Case Details

Full title:MILTON LEE GARDNER, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Oct 17, 2013

Citations

No. 10-13-00348-CR (Tex. App. Oct. 17, 2013)