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Fitzpatrick v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Oct 26, 2016
No. 10-16-00341-CR (Tex. App. Oct. 26, 2016)

Opinion

No. 10-16-00341-CR

10-26-2016

SHAUN FITZPATRICK, Appellant v. THE STATE OF TEXAS, Appellee


From the 361st District Court Brazos County, Texas
Trial Court No. 13-02709-CRF-361

MEMORANDUM OPINION

Shaun Fitzpatrick appeals the trial court's judgment of conviction which he contends was signed on May 4, 2016. Fitzpatrick was required to file a notice of appeal within 30 days of the date he was sentenced in open court. See TEX. R. APP. P. 26.2(a)(1). His notice of appeal filed here on October 20, 2016 is untimely. We have no jurisdiction of an untimely appeal, and this appeal must be dismissed. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).

Accordingly, this appeal is dismissed.

A motion for rehearing may be filed within 15 days after the judgment 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 with the Court of Criminal Appeals within 30 days after either the day this Court's judgment was rendered or the day the last timely motion for rehearing was overruled by this Court. See TEX. R. APP. P. 68.2(a). --------

TOM GRAY

Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal dismissed
Opinion delivered and October 26, 2016
Do not publish
[CR25]


Summaries of

Fitzpatrick v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Oct 26, 2016
No. 10-16-00341-CR (Tex. App. Oct. 26, 2016)
Case details for

Fitzpatrick v. State

Case Details

Full title:SHAUN FITZPATRICK, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Oct 26, 2016

Citations

No. 10-16-00341-CR (Tex. App. Oct. 26, 2016)

Citing Cases

Fitzpatrick v. State

Another notice of appeal of the same conviction sent to us by Fitzpatrick in October of 2016 was also…