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MORA v. STATE

Court of Appeals of Texas, Fifth District, Dallas
Aug 26, 2009
No. 05-09-00744-CR (Tex. App. Aug. 26, 2009)

Opinion

No. 05-09-00744-CR

Opinion Filed August 26, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the 291st Judicial District Court, Dallas County, Texas, Trial Court Cause No. F07-72699-QU.

Before Justices WRIGHT, BRIDGES, and FRANCIS.


MEMORANDUM OPINION


Agustin Mora appeals the trial court's judgment adjudicating him guilty of aggravated assault. After finding him guilty, the trial court assessed punishment at fifteen years confinement. On July 30, 2009, the State filed a motion to dismiss the appeal for want of jurisdiction. Appellant has not filed a response. After reviewing the State's motion and the record on appeal, we agree that we have no jurisdiction over the appeal. The trial court imposed appellant's sentence in this case and two others on March 13, 2009. Appellant did not file a motion for new trial. Thus, appellant's notice of appeal was due on or before Monday, April 13, 2009. See Tex. R. App. P. 4.1(a), 26.2(a)(1). The clerk's record in this case shows appellant filed a form notice of appeal on June 15, 2009. There is no indication in the clerk's record of any timely notice of appeal. In his docketing statement, appellant refers to, and attaches a copy of, a handwritten letter to the trial court bearing a date of April 13, 2009. As the State points out, however, the letter references two other cases appellant appealed, but not the current case. Furthermore, in dismissing the two other appeals, the Court noted that the envelope accompanying the letter is postmarked April 14, 2009 and the letter was filed by the district clerk on April 21, 2009. Thus, we have already concluded in the other two appeals that the "April 13th" letter is untimely as a notice of appeal. See Mora v. State, Nos. 05-09-00549-CR, 05-09-00550-CR, 2009 WL 1759268 (Tex. App.-Dallas June 23, 2009, no pet.) (not designated for publication). We likewise conclude it is untimely in this appeal. Because appellant failed to file a timely notice of appeal, we have no jurisdiction over the appeal. 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.). We grant the State's motion and dismiss the appeal for want of jurisdiction.


Summaries of

MORA v. STATE

Court of Appeals of Texas, Fifth District, Dallas
Aug 26, 2009
No. 05-09-00744-CR (Tex. App. Aug. 26, 2009)
Case details for

MORA v. STATE

Case Details

Full title:AGUSTIN MORA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 26, 2009

Citations

No. 05-09-00744-CR (Tex. App. Aug. 26, 2009)