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Gonzales v. State

Court of Appeals of Texas, Eleventh District, Eastland
Nov 20, 2008
Nos. 11-08-00286-CR 11-08-00287-CR (Tex. App. Nov. 20, 2008)

Opinion

Nos. 11-08-00286- CR 11-08-00287-CR

Opinion filed November 20, 2008. DO NOT PUBLISH. See TEX. R. APP. P. 47.2(b).

On Appeal from the 42nd District Court Taylor County, Texas, Trial Court Cause Nos. 22553-A 22787-A.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.


MEMORANDUM OPINION


These are appeals from the trial court's decision to revoke Johnny Adam Gonzales's community supervision for the offenses of burglary of a habitation and sexual assault of a child. We dismiss the appeals for want of jurisdiction. The trial court imposed its sentences on September 26, 2008. Motions for new trial were not filed. On November 3, 2008, appellant filed his pro se notices of appeal with the clerk of the trial court. These notices of appeal were filed thirty-eight days after the date the sentences were imposed in open court and were untimely pursuant to TEX. R. APP. P. 26.2. Therefore, the clerk of this court wrote the parties advising them that it appeared the appeals had not been timely perfected and directing appellant to respond in writing showing grounds for continuing the appeals. Appellant has responded by filing on November 17, 2008, motions to continue his appeals. In his motions, appellant contends that his trial counsel failed to brief him, notify him, or acknowledge to him of any opportunity to file any further motions. Appellant apologizes to this court for the untimely filing of his notices of appeal, states that he has educated himself through his unit's law library and found a reason to appeal, and concludes his motion with the statement that he has also written the trial court complaining of the convictions and filed a complaint against his trial counsel with the State Bar of Texas. Absent a timely notice of appeal or compliance with TEX. R. APP. P. 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex.Crim.App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Crim.App. 1993); Shute v. State, 744 S.W.2d 96 (Tex.Crim.App. 1988). Neither the notices of appeal nor the motions to continue the appeals were timely. Appellant may be able to secure out-of-time appeals by filing postconviction writs pursuant to TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2008). The appeals are dismissed.

Cause No. 11-08-00286-CR.

Cause No. 11-08-00287-CR.


Summaries of

Gonzales v. State

Court of Appeals of Texas, Eleventh District, Eastland
Nov 20, 2008
Nos. 11-08-00286-CR 11-08-00287-CR (Tex. App. Nov. 20, 2008)
Case details for

Gonzales v. State

Case Details

Full title:JOHNNY ADAM GONZALES, Appellant v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: Nov 20, 2008

Citations

Nos. 11-08-00286-CR 11-08-00287-CR (Tex. App. Nov. 20, 2008)