From Casetext: Smarter Legal Research

Anderson v. State

Court of Appeals of Texas, Fifth District, Dallas
Jun 19, 2008
No. 05-08-00756-CR (Tex. App. Jun. 19, 2008)

Opinion

No. 05-08-00756-CR.

Opinion Filed June 19, 2008. DO NOT PUBLISH Tex. R. App. P. 47

On Appeal from the 363rd Judicial District Court Dallas County, Texas, Trial Court Cause No. F89-70044-W.

Before Justices WRIGHT, BRIDGES, and MAZZANT.


MEMORANDUM OPINION


In 1990, Danny Dave Anderson was convicted of murder and sentenced to fifty years' imprisonment. On January 31, 2008, appellant filed a motion for a judgment nunc pro tunc, which was denied on that same date. To be timely, appellant's notice of appeal had to be filed by Monday, March 3, 2008. Appellant's notice of appeal is file-stamped April 21, 2008. Although he sent this Court correspondence stating that he mailed his notice of appeal approximately ten days later, the document also reflects he mailed it to the Clerk of the Eleventh Court of Appeals, not to the proper trial court clerk as is required by rule of appellate procedure 9.2(b)(1). Because the April 21, 2008 notice of appeal is untimely as to the January 31, 2008 order, we have no jurisdiction over the appeal. 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.). We dismiss the appeal for want of jurisdiction.


Summaries of

Anderson v. State

Court of Appeals of Texas, Fifth District, Dallas
Jun 19, 2008
No. 05-08-00756-CR (Tex. App. Jun. 19, 2008)
Case details for

Anderson v. State

Case Details

Full title:DANNY DAVE ANDERSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 19, 2008

Citations

No. 05-08-00756-CR (Tex. App. Jun. 19, 2008)