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Brooks v. State

Court of Appeals of Texas, Twelfth District, Tyler
Jul 11, 2007
No. 12-07-00230-CR (Tex. App. Jul. 11, 2007)

Opinion

No. 12-07-00230-CR

Opinion delivered July 11, 2007.

Appeal from the 2nd Judicial District Court of Cherokee County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


This appeal is being dismissed for want of jurisdiction. Appellant was convicted of two counts of practicing dentistry without a license. Sentence was imposed on April 10, 2007. Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. Id. Appellant did not file a motion for new trial. Therefore, his notice of appeal was due to have been filed on or before May 10, 2007. However, Appellant did not file his notice of appeal until June 21, 2007 and did not file a motion for extension of time to file his notice of appeal as permitted by Texas Rule of Appellate Procedure 26.3. On June 22, 2007, this court notified Appellant, pursuant to Rules 26.2 and 37.2, that the clerk's record did not show the jurisdiction of this court, and it gave him until July 2, 2007 to correct the defect. The deadline has now passed, and Appellant has not furnished information showing the jurisdiction of this court or otherwise responded to this court's notice. Because this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeal must be dismissed. See Slaton v. State , 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). Accordingly, the appeal is dismissed for want of jurisdiction .


Summaries of

Brooks v. State

Court of Appeals of Texas, Twelfth District, Tyler
Jul 11, 2007
No. 12-07-00230-CR (Tex. App. Jul. 11, 2007)
Case details for

Brooks v. State

Case Details

Full title:BARRY EUGENE BROOKS, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Jul 11, 2007

Citations

No. 12-07-00230-CR (Tex. App. Jul. 11, 2007)