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Castleberry v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Apr 23, 2015
NO. 03-14-00599-CR (Tex. App. Apr. 23, 2015)

Opinion

NO. 03-14-00599-CR

04-23-2015

Timothy Colt Castleberry, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 71051, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION

Appellant Timothy Colt Castleberry seeks to appeal from a judgment of conviction for sexual abuse of a child. See Tex. Penal Code § 21.02. The district court imposed sentence on October 8, 2013, and because no motion for new trial was filed, the deadline for Castleberry to perfect his appeal was November 7, 2013. See Tex. R. App. P. 26.2 (a)(2). However, Castleberry did not file his notice of appeal with the trial court until September 2, 2014. See id. R. 25.1 (providing that appeal is perfected when notice is filed with trial court clerk). Because Castleberry did not timely file his notice of appeal, we lack jurisdiction to dispose of his attempted appeal in any manner other than dismissing it for want of jurisdiction. See Castillo v. State, 369 S.W.2d 196, 198 (Tex. Crim. App. 2012).

/s/_________

Scott K. Field, Justice
Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Jurisdiction Filed: April 23, 2015 Do Not Publish


Summaries of

Castleberry v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Apr 23, 2015
NO. 03-14-00599-CR (Tex. App. Apr. 23, 2015)
Case details for

Castleberry v. State

Case Details

Full title:Timothy Colt Castleberry, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Apr 23, 2015

Citations

NO. 03-14-00599-CR (Tex. App. Apr. 23, 2015)