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Evans v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 18, 2004
No. 10-04-00145-CR (Tex. App. Aug. 18, 2004)

Opinion

No. 10-04-00145-CR

Opinion delivered and filed August 18, 2004.

Appeal from the 54th District Court McLennan County, Texas, Trial Court No. 2004-490-C. Appeal dismissed.

William G. Nellis, Attorney at Law, Dallas, TX, for appellant/relator. John W. Segrest, McLennan County District Attorney, for appellee/respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Donald Ray Evans seeks to appeal a narcotics conviction. However, he filed his motion for new trial at least forty days after imposition of sentence and his notice of appeal forty-nine days after imposition of sentence. Because Evans's motion for new trial was untimely, the notice of appeal was untimely. See Portley v. State, 89 S.W.3d 188, 189 (Tex. App.-Texarkana 2002, no pet.); TEX. R. APP. P. 26.2(a). Accordingly, the appeal is dismissed.

The court imposed sentence on May 12, 2004. The certificate of service on the motion for new trial recites that Evans served a copy on counsel for the State on June 22. The motion bears a stamp indicating that it was received by the trial court on June 22 and a file-stamp indicating that it was docketed by the district clerk on June 30. Evans filed his notice of appeal with the district clerk on June 30.


Summaries of

Evans v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 18, 2004
No. 10-04-00145-CR (Tex. App. Aug. 18, 2004)
Case details for

Evans v. State

Case Details

Full title:DONALD RAY EVANS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Aug 18, 2004

Citations

No. 10-04-00145-CR (Tex. App. Aug. 18, 2004)