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Zimmer v. State

State of Texas in the Eleventh Court of Appeals
Feb 11, 2016
No. 11-16-00018-CR (Tex. App. Feb. 11, 2016)

Opinion

No. 11-16-00018-CR No. 11-16-00019-CR

02-11-2016

MICHAEL EDMUNDO ZIMMER, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 35th District Court Brown County, Texas
Trial Court Cause Nos. CR19334 & CR23740

MEMORANDUM OPINION

Michael Edmundo Zimmer, Appellant, filed a pro se notice of appeal related to two convictions. We dismiss the appeals for want of jurisdiction.

The documents on file in these appeals indicate that Appellant's sentence in each case was imposed on June 8, 2015. On December 30, 2015, Appellant filed various pro se documents, including an application for leave to appeal. When the appeals were filed in this court, we notified Appellant by letter in each cause that his notice of appeal appeared to be untimely, and we informed Appellant that these appeals may be dismissed. We requested that Appellant respond and show grounds to continue. Appellant filed a response in Cause No. 11-16-00018-CR in which he addresses substantive complaints but does not address the timeliness of his notice of appeal or the jurisdiction of this court to consider his appeals.

Pursuant to TEX. R. APP. P. 26.2(a), a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed in open court. A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this court reflect that Appellant's notice of appeal was filed with the clerk of the trial court 205 days after his sentences were imposed. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993). We have no jurisdiction to entertain these appeals and, therefore, must dismiss them.

We dismiss these appeals for want of jurisdiction.

PER CURIAM February 11, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.


Summaries of

Zimmer v. State

State of Texas in the Eleventh Court of Appeals
Feb 11, 2016
No. 11-16-00018-CR (Tex. App. Feb. 11, 2016)
Case details for

Zimmer v. State

Case Details

Full title:MICHAEL EDMUNDO ZIMMER, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Eleventh Court of Appeals

Date published: Feb 11, 2016

Citations

No. 11-16-00018-CR (Tex. App. Feb. 11, 2016)