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Blackard v. State

Court of Appeals of Texas, Fifth District, Dallas
Jun 9, 2009
No. 05-09-00197-CR (Tex. App. Jun. 9, 2009)

Opinion

No. 05-09-00197-CR

Opinion issued June 9, 2009. DO NOT PUBLISH. Tex. R. App. P. 47

On Appeal from the County Court at Law No. 3, Collin County, Texas, Trial Court Cause No. 003-88696-07.

Before Justices FITZGERALD, LANG, and FILLMORE.


MEMORANDUM OPINION


Judith Ann Blackard was convicted of criminal trespass. Punishment was assessed at a $200 fine, and was imposed in open court on January 14, 2009. No motion for new trial was filed; therefore, appellant's notice of appeal was due by February 13, 2009. See Tex. R. App. P. 26.2(a). Appellant filed her notice of appeal on February 18, 2009. Although the notice of appeal was filed within the fifteen-day period provided by rule of appellate procedure 26.3(a), appellant did not file a motion to extend time to file the notice of appeal in this Court within that same fifteen-day period. 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.). Because appellant's February 18, 2009 notice of appeal was untimely, we have no jurisdiction over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction.


Summaries of

Blackard v. State

Court of Appeals of Texas, Fifth District, Dallas
Jun 9, 2009
No. 05-09-00197-CR (Tex. App. Jun. 9, 2009)
Case details for

Blackard v. State

Case Details

Full title:JUDITH ANN BLACKARD, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 9, 2009

Citations

No. 05-09-00197-CR (Tex. App. Jun. 9, 2009)