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Dickinson v. State

Court of Appeals of Texas, First District, Houston
May 22, 2008
Nos. 01-08-00346-CR, 01-08-00393-CR, 01-08-00394-CR (Tex. App. May. 22, 2008)

Opinion

Nos. 01-08-00346-CR, 01-08-00393-CR, 01-08-00394-CR

Opinion Delivered May 22, 2008. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 400th District Court Fort Bend County, Texas, Trial Court Cause Nos. 45674A-Count 1, 45674A-Count 2, and 45674A-Count 3.

Panel consists of Chief Justice RADACK, and Justices KEYES and HIGLEY.


MEMORANDUM OPINION


We lack jurisdiction to hear these appeals. On February 15, 2008, the trial court sentenced appellant, Jayson Dickinson, and signed a final judgment for counts one, two and three of trial court case number 45674A. Appellant did not file a motion for new trial. Therefore the deadline for filing a notice of appeal was Monday, March 17, 2008, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant filed a pro se notice of appeal on March 24, 2008, seven days after the deadline. The time to file the notice of appeal may be extended by the appellate court if, the party files the notice of appeal in the trial court and files a motion for extension of time in the appellate court, within 15 days of . Tex. R. App. P. 26.3. Appellant filed his notice of appeal within the fifteen-day period, but did not file a motion for extension of time. Therefore, we lack jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Slaton v. State, 981 S.W.2d 208, 209-10 (Tex.Crim.App. 1998). We therefore dismiss the appeals of counts one, two, and three in trial court cause number 45674A for lack of jurisdiction.


Summaries of

Dickinson v. State

Court of Appeals of Texas, First District, Houston
May 22, 2008
Nos. 01-08-00346-CR, 01-08-00393-CR, 01-08-00394-CR (Tex. App. May. 22, 2008)
Case details for

Dickinson v. State

Case Details

Full title:JAYSON BRENT DICKINSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: May 22, 2008

Citations

Nos. 01-08-00346-CR, 01-08-00393-CR, 01-08-00394-CR (Tex. App. May. 22, 2008)