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Anderson v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 22, 2008
No. 05-08-00896-CR (Tex. App. Jul. 22, 2008)

Opinion

No. 05-08-00896-CR

Opinion Filed July 22, 2008. DO NOT PUBLISH Tex. R. App. P. 47

On Appeal from the Criminal District Court No. 2 Dallas County, Texas; Trial Court Cause No. F06-70297-I.

Before Justices Fitzgerald, RICHTER, and LANG-MIERS.


MEMORANDUM OPINION


Vernon Jerome Anderson was convicted of possession of cocaine in an amount less than one gram. On May 22, 2008, the trial court assessed punishment, following adjudication of guilt and pursuant to a plea agreement, at two years' confinement in a state jail facility, probated for five years. No motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, June 23, 2008. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant's July 7, 2008 notice of appeal was filed within the fifteen-day period provided by rule 26.3, but appellant did not, within that same period, file an extension motion with this Court. See Tex. R. App. P. 26.3; See 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.). Moreover, the trial court's rule 25.2(d) certification states that appellant waived his right to appeal. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005); Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App. 2000). We dismiss the appeal for want of jurisdiction.


Summaries of

Anderson v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 22, 2008
No. 05-08-00896-CR (Tex. App. Jul. 22, 2008)
Case details for

Anderson v. State

Case Details

Full title:VERNON JEROME ANDERSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 22, 2008

Citations

No. 05-08-00896-CR (Tex. App. Jul. 22, 2008)