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Daniel v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Apr 24, 2014
No. 10-14-00108-CR (Tex. App. Apr. 24, 2014)

Opinion

No. 10-14-00108-CR

04-24-2014

DAN DANIEL, Appellant v. THE STATE OF TEXAS, Appellee


From the 87th District Court

Freestone County, Texas

Trial Court No. 13-022-CR


MEMORANDUM OPINION

On April 16, 2014, Dan Daniel filed a pro se notice of appeal of his conviction for aggravated assault with a deadly weapon. Daniel's imposition of sentence was on October 29, 2013, and the judgment of conviction was signed the same day. Daniel's notice of appeal is untimely, and we have no jurisdiction of an untimely appeal. See TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).

Daniel also signed a waiver of his right to appeal in this case, and the trial court's certification of defendant's right to appeal in this case indicates that Daniel waived his right to appeal. This appeal is therefore dismissed. See TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) ("A court of appeals ... must dismiss a prohibited appeal without further action, regardless of the basis for the appeal."); Davis v. State, 205 S.W.3d 606, 607 (Tex. App.-Waco 2006, no pet.).

A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals' judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2(a).

REX D. DAVIS

Justice
Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins
Dismissed
Do not publish
[CR25]


Summaries of

Daniel v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Apr 24, 2014
No. 10-14-00108-CR (Tex. App. Apr. 24, 2014)
Case details for

Daniel v. State

Case Details

Full title:DAN DANIEL, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Apr 24, 2014

Citations

No. 10-14-00108-CR (Tex. App. Apr. 24, 2014)