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Suratt v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 31, 2003
Nos. 05-03-01167-CR, 05-03-01171-CR, 05-03-01168-CR, 05-03-01172-CR, 05-03-01169-CR, 05-03-01173-CR, 05-03-01170-CR (Tex. App. Oct. 31, 2003)

Opinion

Nos. 05-03-01167-CR, 05-03-01171-CR, 05-03-01168-CR, 05-03-01172-CR, 05-03-01169-CR, 05-03-01173-CR, 05-03-01170-CR.

Opinion Filed October 31, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.

Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause Nos. F98-53561-IL, F98-69789-IL, F98-69790-IL, F98-69791-IL, F98-69792-IL, F98-69945-IL, F98-69946-IL. DISMISSED.

Before Justices MOSELEY, RICHTER, and FRANCIS.


MEMORANDUM OPINION


Donald Ray Suratt pleaded guilty to the offenses of sexual assault of a child (cause no. 05-03- 01167-CR), indecency with a child (cause nos. 05-03-01168-CR and 05-03-01172-CR), and aggravated sexual assault of a child (cause nos. 05-03-01169-CR, 05-03-01170-CR, 05-03-01171- CR, and 05-03-01173-CR). Appellant also pleaded true to one enhancement paragraph in each case. The trial court assessed punishment at twenty years confinement and a $750 fine in each case. On April 12, 1999, appellant mailed a pro se notice of appeal to the trial court. The notice of appeal was file-stamped on April 27, 1999. Written on the top of the page are trial court numbers F-98-69790-FL and F-98-69791-FL. These numbers correspond with the appeals in cause numbers 05-03-01169-CR and 05-03-01170-CR. There are also pro se notices of appeal file-stamped July 7, 2003. Sentence was imposed in open court on March 8, 1999, and no motion for new trial was filed. Appellant's notices of appeal were due by April 7, 1999. See Tex.R.App.P. 26.2(a)(1). The July 7, 2003 notices of appeal are untimely as to the March 8, 1999 sentencing date. Even assuming, without deciding, that the pro se notice of appeal mailed on April 12, 1999 and filed on April 27, 1999 was intended to apply to each of these cases, that notice is also untimely as to the March 8, 1999 sentencing date. Accordingly, we have no jurisdiction over these appeals. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.). We dismiss the appeals for want of jurisdiction.


Summaries of

Suratt v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 31, 2003
Nos. 05-03-01167-CR, 05-03-01171-CR, 05-03-01168-CR, 05-03-01172-CR, 05-03-01169-CR, 05-03-01173-CR, 05-03-01170-CR (Tex. App. Oct. 31, 2003)
Case details for

Suratt v. State

Case Details

Full title:DONALD RAY SURATT, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 31, 2003

Citations

Nos. 05-03-01167-CR, 05-03-01171-CR, 05-03-01168-CR, 05-03-01172-CR, 05-03-01169-CR, 05-03-01173-CR, 05-03-01170-CR (Tex. App. Oct. 31, 2003)