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Gerhart v. State

Court of Appeals of Texas, Tenth District, Waco
Jun 27, 2007
No. 10-07-00093-CR (Tex. App. Jun. 27, 2007)

Opinion

No. 10-07-00093-CR

Opinion delivered and filed June 27, 2007. DO NOT PUBLISH.

Appeal from the County Court at Law Walker County, Texas Trial Court No. 06-0965.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Appellant filed his notice of appeal with the trial court clerk 56 days after the court imposed sentence Therefore, the notice of appeal is untimely. See TEX. R. APP. P. 26.2(a)(1). Accordingly, the appeal is dismissed for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Fowler v. State, 16 S.W.3d 426, 428 (Tex.App.CWaco 2000, pet. Ref'd).

Appellant did serve a copy of his notice of appeal on the prosecutor within 30 days after imposition of sentence, but the event which invokes this Court's appellate jurisdiction is the filing of the notice of appeal with the trial court clerk. See TEX. R. APP. P. 25.2(c)(1); Miller v. State, No. PD-1675-03, 2005 WL 2763830, at *2 (Tex.Crim.App. Oct. 26, 2005) (not designated for publication).


Summaries of

Gerhart v. State

Court of Appeals of Texas, Tenth District, Waco
Jun 27, 2007
No. 10-07-00093-CR (Tex. App. Jun. 27, 2007)
Case details for

Gerhart v. State

Case Details

Full title:ROBERT GRANT GERHART, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jun 27, 2007

Citations

No. 10-07-00093-CR (Tex. App. Jun. 27, 2007)