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Harper v. State

Court of Appeals of Texas, Sixth District, Texarkana
Oct 18, 2005
No. 06-05-00223-CR (Tex. App. Oct. 18, 2005)

Opinion

No. 06-05-00223-CR

Submitted: October 17, 2005.

Decided: October 18, 2005. DO NOT PUBLISH.

On Appeal from the 123rd Judicial District Court, Panola County, Texas, Trial Court No. 2000-C-128.

Before MORRISS, C.J., ROSS and CARTER, JJ.


MEMORANDUM OPINION


Cedric von Charles Harper attempts to appeal his conviction and sentence for aggravated robbery. Harper pled guilty June 6, 2000. The judgment states a plea agreement was entered between the State and Harper for a sentence of twenty-five years, the same sentence imposed by the trial court. No motion for new trial was filed, and Harper did not file his pro se notice of appeal until September 22, 2005. "The timely filing of a notice of appeal is jurisdictional in this court, and absent a timely filed notice or extension request, we must dismiss the appeal." In re K.M.Z., No. 2-04-374-CV, 2005 Tex. App. LEXIS 690, at *2 (Tex.App.-Fort Worth Jan. 27, 2005, no pet.). To perfect appeal in a criminal case, the defendant's notice of appeal must be filed within thirty days from the date the trial court imposes sentence, unless a motion for new trial has been timely filed. Tex.R.App.P. 26.2(a)(1). In this case, Harper's pro se notice of appeal was untimely because it was not filed until more than thirty days after sentence was imposed. For the reasons stated, we dismiss the appeal for want of jurisdiction.


Summaries of

Harper v. State

Court of Appeals of Texas, Sixth District, Texarkana
Oct 18, 2005
No. 06-05-00223-CR (Tex. App. Oct. 18, 2005)
Case details for

Harper v. State

Case Details

Full title:CEDRIC VON CHARLES HARPER, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Oct 18, 2005

Citations

No. 06-05-00223-CR (Tex. App. Oct. 18, 2005)