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Avant v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 18, 2008
No. 04-08-00308-CR (Tex. App. Jun. 18, 2008)

Opinion

No. 04-08-00308-CR

Delivered and Filed: June 18, 2008. DO NOT PUBLISH.

Appeal from the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-8479, Honorable Juanita A. Vasquez-Gardner, Judge Presiding.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice PHYLIS J. SPEEDLIN, Justice.


MEMORANDUM OPINION


DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence on February 29, 2008. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on March 31, 2008. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on April 15, 2008. TEX. R. APP. P. 26.3. Appellant mailed his notice of appeal on April 21, 2008, and it was, in turn, filed on May 8, 2008. Appellant did not file a motion for extension of time. 04-08-00308-CR We therefore ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant's attorney has responded that this court does lack jurisdiction over this appeal, and that if Avant wishes to pursue his appeal, he will need to file an application for writ of habeas corpus requesting an out-of-time appeal. Thus, we dismiss this appeal for lack of jurisdiction.


Summaries of

Avant v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 18, 2008
No. 04-08-00308-CR (Tex. App. Jun. 18, 2008)
Case details for

Avant v. State

Case Details

Full title:Gary Ace AVANT, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 18, 2008

Citations

No. 04-08-00308-CR (Tex. App. Jun. 18, 2008)