Opinion
No. 05-12-00932-CR No. 05-12-00933-CR No. 05-12-00934-CR No. 05-12-00935-CR
07-31-2012
JOSE GUADALUPE GALVAN, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS; Opinion issued July 31, 2012
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F11-54914-M, F11-54915-M, F11-54916-M, F11-54917-M
MEMORANDUM OPINION
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice Fillmore
Jose Guadalupe Galvan was convicted of two aggravated robbery offenses and two aggravated kidnapping offenses. In each case, appellant was sentenced to thirty-five years' imprisonment. Sentence was imposed in open court on March 23, 2012. No motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, April 23, 2012. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant mailed his pro se notice of appeal on June 27, 2012, more than thirty days after the date sentence was imposed, and it was filed on June 29, 2012. See Tex. R. App. P. 9.2(b); Campbell v. State, 320 S.W.3d 338, 344 (Tex. Crim. App. 2010). Appellant's untimely notice of appeal leaves us without jurisdiction over these appeals. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).
The notice of appeal states that it was being filed "within 90 days of April 23, 2012." April 23, 2012 was the date the notice of appeal was due, not the date of sentencing. See Tex. R. App. P. 26.2(a)(1). Therefore, on its face, the notice of appeal shows that it is untimely.
We dismiss the appeals for want of jurisdiction.
ROBERT M. FILLMORE
JUSTICE
Do Not Publish
Tex. R. App. P. 47
120932F.U05
Court of Appeals Fifth District of Texas at Dallas
JUDGMENT
JOSE GUADALUPE GALVAN, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00932-CR
Appeal from the 194th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F11- 54914-M).
Opinion delivered by Justice Fillmore, Justices FitzGerald and Murphy participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered July 31, 2012.
ROBERT M. FILLMORE
JUSTICE
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
JOSE GUADALUPE GALVAN, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00933-CR
Appeal from the 194th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F11- 54915-M).
Opinion delivered by Justice Fillmore, Justices FitzGerald and Murphy participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered July 31, 2012.
ROBERT M. FILLMORE
JUSTICE
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
JOSE GUADALUPE GALVAN, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00934-CR
Appeal from the 194th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F11- 54916-M).
Opinion delivered by Justice Fillmore, Justices FitzGerald and Murphy participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered July 31, 2012.
ROBERT M. FILLMORE
JUSTICE
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
JOSE GUADALUPE GALVAN, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00935-CR
Appeal from the 194th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F11- 54917-M).
Opinion delivered by Justice Fillmore, Justices FitzGerald and Murphy participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered July 31, 2012.
ROBERT M. FILLMORE
JUSTICE