Tucker v. State

Full title: KENDRICK TUCKER, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 8, 2004

No. 05-04-00733-CR (Tex. App. Jun. 8, 2004)

Opinion

No. 05-04-00733-CR

Opinion Filed June 8, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 195^th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F03-55133-LN. Dismiss.

Before Justices FITZGERALD, RICHTER, and LANG.

MEMORANDUM OPINION

PER CURIAM.

Kendrick Tucker was convicted of aggravated robbery. Punishment, enhanced by one prior felony conviction, was assessed at twenty-years confinement. Sentence was imposed on March 5, 2004. No motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, April 5, 2004. See Tex.R.App.P. 4.1(a), 26.2(a)(1). Appellant's April 27, 2004 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); 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.). Accordingly, we dismiss the appeal for want of jurisdiction.