Moore v. State

Full title: RICKY DON MOORE, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 25, 2007

No. 05-07-00827-CR (Tex. App. Jul. 25, 2007)

Opinion

No. 05-07-00827-CR

Opinion filed July 25, 2007. DO NOT PUBLISH Tex. R. App. P. 47.

On Appeal from the Criminal District Court No. 2 Dallas County, Texas, Trial Court Cause No. F03-26974.

Before Justices MOSELEY, O'NEILL, and FITZGERALD.

MEMORANDUM OPINION

PER CURIAM.

Ricky Don Moore was convicted of aggravated assault. On March 18, 2005, the trial judge assessed punishment at eight years' imprisonment. Because appellant filed a motion for new trial, appellant's notice of appeal was due by June 16, 2005. See Tex. R. App. P. 26.2(a)(2). This Court has previously decided an appeal from this appellant. See Moore v. State, No. 05-05-00510-CR (Tex.App.-Dallas, May 26, 2006, pet. ref'd) (mem. op.) (per curiam) (not designated for publication). Appellant's June 26, 2007 notice of appeal is untimely, leaving us without jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam). We dismiss the appeal for want of jurisdiction.