McIntyre v. State

Full title: JAMES D. McINTYRE, Appellant, V. THE STATE OF TEXAS, Appellee

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

Date published: Aug 3, 2005

No. 10-05-00253-CR (Tex. App. Aug. 3, 2005)

Opinion

No. 10-05-00253-CR

Opinion delivered and filed August 3, 2005. DO NOT PUBLISH.

Appeal from the 40th District Court, Ellis County, Texas, Trial Court No. 28672CR. Appeal dismissed.

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

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

James McIntyre was convicted of Indecency with a Child and sentenced to 25 years in prison. He presented a pro se notice of appeal for filing with the District Clerk 33 days after sentence was pronounced. No motion for new trial was filed. Recognizing that the notice of appeal was untimely, McIntyre requests that this Court grant him an out of time appeal. We have no jurisdiction to grant that request. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Fowler v. State, 16 S.W.3d 426, 427-428 (Tex.App.-Waco 2000, pet. ref'd). Therefore, this appeal is dismissed.