Reavis v. State

Full title: DANNY CARL REAVIS, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 30, 2006

No. 10-06-00208-CR (Tex. App. Aug. 30, 2006)

Opinion

No. 10-06-00208-CR

Opinion delivered and filed August 30, 2006. DO NOT PUBLISH.

Appeal from the 413th District Court, Johnson County, Texas, Trial Court No. F39386. Appeal dismissed.

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

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

Danny Carl Reavis was convicted of possession of a controlled substance, enhanced, and sentenced to ten years in prison. He did not make any requests that would extend the time to file a notice of appeal; therefore, his notice of appeal was due March 25, 2006. Tex.R.App.P. 26.2(a)(1). Reavis filed a notice of appeal on May 19, 2006, 55 days late. We have no jurisdiction of an untimely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). The Clerk of this Court warned Reavis that because the notice of appeal appeared untimely, the Court may dismiss the appeal unless a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. Reavis has not responded to the Clerk's warning. This appeal is dismissed.