From Casetext: Smarter Legal Research

Alvarado v. State

Court of Appeals of Texas, Fifth District, Dallas
Jan 17, 2008
Nos. 05-07-01075-CR, 05-07-01105-CR, 05-07-01103-CR, 05-07-01106-CR, 05-07-01104-CR (Tex. App. Jan. 17, 2008)

Opinion

Nos. 05-07-01075-CR, 05-07-01105-CR, 05-07-01103-CR, 05-07-01106-CR, 05-07-01104-CR

Opinion Filed January 17, 2008. DO NOT PUBLISH. Tex. R. App. P. 47

On Appeal from the Criminal District Court No. 6 Dallas County, Texas, Trial Court Cause Nos. F06-18718-X, F06-69947-X, F06-69948-X, F06-88669-X, F06-88670-X.

Before Justices O'NEILL, RICHTER, and LANG.


MEMORANDUM OPINION


Christian Alvarado was convicted of unlawful possession of a firearm by a felon, three charges of delivery of methamphetamine in an amount of four grams or more but less than 200 grams, and possession with intent to deliver methamphetamine in an amount more than 200 grams or more but less than 400 grams. In each of the four drug cases, appellant also pleaded true to one enhancement paragraph. The trial court sentenced appellant to ten years' imprisonment for the firearms offense, twenty years' imprisonment for each of the delivery offenses, and twenty-five years' imprisonment for the possession with intent to deliver offense. The judge also assessed a $1500 fine in each case. Sentence was imposed on May 3, 2007 and appellant filed a motion for new trial in each case on June 4, 2007. Therefore appellant's notices of appeal were due by August 1, 2007.See Tex. R. App. P. 26.2(b).

The motion for new trial in cause no. 05-07-01075-CR was not signed. Therefore, we questioned whether it was effective to extend the time to file the notice of appeal. However, because of our disposition of the appeals, we need not reach that issue here.

Appellant filed his notices of appeal on August 3, 2007. He did not, however, file an extension motion in this Court within fifteen days of August 1, 2007. See Tex. R. App. P. 26.3; 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.). In response to our letter questioning our jurisdiction over the appeals, appellant's counsel filed a letter brief conceding we do not have jurisdiction.

Because appellant's notices of appeal were untimely, we have no jurisdiction over the appeals. We dismiss the appeals for want of jurisdiction.


Summaries of

Alvarado v. State

Court of Appeals of Texas, Fifth District, Dallas
Jan 17, 2008
Nos. 05-07-01075-CR, 05-07-01105-CR, 05-07-01103-CR, 05-07-01106-CR, 05-07-01104-CR (Tex. App. Jan. 17, 2008)
Case details for

Alvarado v. State

Case Details

Full title:CHRISTIAN ALVARADO, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jan 17, 2008

Citations

Nos. 05-07-01075-CR, 05-07-01105-CR, 05-07-01103-CR, 05-07-01106-CR, 05-07-01104-CR (Tex. App. Jan. 17, 2008)