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Anderson v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Aug 11, 2016
NO. 02-16-00292-CR (Tex. App. Aug. 11, 2016)

Opinion

NO. 02-16-00289-CRNO. 02-16-00290-CRNO. 02-16-00291-CRNO. 02-16-00292-CRNO. 02-16-00293-CR

08-11-2016

JAMES ANDERSON APPELLANT v. THE STATE OF TEXAS STATE


FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NOS. 1400600D, 1404365D, 1406598D, 1400502D, 1400287D MEMORANDUM OPINION

Appellant James Anderson attempts to appeal from the trial court's five February 3, 2016 judgments convicting him of aggravated robbery.

On July 21, 2016, we sent Anderson a letter stating that because no motion for new trial had been filed in any of these cases, his notices of appeal in these cases appeared to be untimely because they were due March 4, 2016, but not filed until July 15, 2016. See Tex. R. App. P. 26.2(a)(1). We informed Anderson of our concern that we lacked jurisdiction over the appeals because of his late notices of appeal and stated that unless he or any party desiring to continue the appeals filed a response showing grounds for continuing the appeals by August 1, 2016, we would dismiss the appeals for want of jurisdiction. See Tex. R. App. P. 44.3.

Anderson filed a pro se response and his attorney also filed a response, but neither response shows grounds for continuing the appeals. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the appeal's merits and may take no action other than to dismiss the appeal). Therefore, we dismiss the appeals. See Tex. R. App. P. 26.2(a)(1), 43.2(f).

/s/ Bonnie Sudderth

BONNIE SUDDERTH

JUSTICE PANEL: LIVINGSTON, C.J.; DAUPHINOT and SUDDERTH, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: August 11, 2016

See Tex. R. App. P. 47.4.


Summaries of

Anderson v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Aug 11, 2016
NO. 02-16-00292-CR (Tex. App. Aug. 11, 2016)
Case details for

Anderson v. State

Case Details

Full title:JAMES ANDERSON APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Aug 11, 2016

Citations

NO. 02-16-00292-CR (Tex. App. Aug. 11, 2016)