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Jefferson v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 9, 2007
No. 05-07-00728-CR (Tex. App. Jul. 9, 2007)

Opinion

No. 05-07-00728-CR

Opinion Filed July 9, 2007. DO NOT PUBLISH.

On Appeal from the 199th Judicial District Court, Collin County, Texas, Trial Court Cause No. 199-81907-06.

Before Chief Justice THOMAS and Justices WRIGHT and FRANCIS.


MEMORANDUM OPINION


Ezekiel Jefferson was convicted of engaging in organized criminal activity. The trial court assessed punishment, enhanced by one prior felony conviction, at fifteen years' imprisonment. Sentence was imposed on April 18, 2007. No motion for new trial was filed; therefore, appellant's notice of appeal was due by May 18, 2007. See Tex. R. App. P. 26.2(a)(1). On May 23, 2007, appellant filed in the trial court a "motion for extension to file motion for general appeal." The trial court treated this as a notice of appeal. The document was mailed on May 22, 2007. Although appellant's notice of appeal was filed within the fifteen-day period provided by rule 26.3, he did not file in this Court, within that same fifteen-day period, an extension motion. Therefore, appellant's notice of appeal is untimely and we have no jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.). We dismiss the appeal for want of jurisdiction.


Summaries of

Jefferson v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 9, 2007
No. 05-07-00728-CR (Tex. App. Jul. 9, 2007)
Case details for

Jefferson v. State

Case Details

Full title:EZKIEL JEFFERSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 9, 2007

Citations

No. 05-07-00728-CR (Tex. App. Jul. 9, 2007)