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Marzett v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 17, 2017
No. 05-17-00527-CR (Tex. App. Aug. 17, 2017)

Opinion

No. 05-17-00527-CR No. 05-17-00528-CR

08-17-2017

ROBERT EARL MARZETT, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the County Court at Law No. 7 Collin County, Texas
Trial Court Cause Nos. 007-87283-2016 & 007-87284-2016

ORDER

Before the Court are appellant's May 18, 2017 motions to extend time to file the notices of appeal in these cases. Appellant was found guilty in Plano Municipal Court of operating an unregistered vehicle and failing to maintain financial responsibility while driving and operating a motor vehicle in the incorporated limits of the City of Plano. He then appealed to Collin County Court at Law No. 7. On April 3, 2017, that court affirmed the municipal court's judgments. Appellant filed motions for rehearing on April 18, 2017 which the county court at law later denied. On May 18, 2017, he filed his notices of appeal in the county court at law and his motions to extend time with this Court. On August 14, 2017, the clerk's records from county court at law were filed.

Rule 26.2 provides that, in a criminal case, a notice of appeal must be filed within 90 days after the day sentence is imposed if the defendant files a motion for new trial. See TEX. R. APP. P. 26.2(a)(2). Thus, appellant's notices of appeal were due on or before July 2, 2017. Because the notices of appeal were timely filed May 18, 2017, we DENY appellant's motions as moot.

The August 14 clerk's records contain the records from the municipal court and the county court at law. The government code provides that the record and briefs on appeal to the county court "constitute the record and briefs on appeal" to this Court. TEX. GOV'T CODE ANN. § 30.00027(b) (West Supp. 2016). We may not consider briefs in a municipal appeal other than those filed in the county court. See Arias v. State, 477 S.W.3d 925, 927 (Tex. App.-Houston [14th Dist.] 2015, no pet.) (in appeal from municipal court, the record and briefs from the appeal to the county court constitute the record and briefs at court of appeals); Brooks v. State, 226 S.W.3d 607, 609 n.3 (Tex. App.-Houston [1st Dist.] 2007, no pet.) (court would not consider briefs filed in appellate court because briefs in county criminal court constitute briefs in court of appeals). Because the record has been filed and no further briefing is allowed under section 30.00027(b), we DIRECT the Clerk of this Court to set these cases at issue.

/s/ ADA BROWN

JUSTICE


Summaries of

Marzett v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 17, 2017
No. 05-17-00527-CR (Tex. App. Aug. 17, 2017)
Case details for

Marzett v. State

Case Details

Full title:ROBERT EARL MARZETT, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 17, 2017

Citations

No. 05-17-00527-CR (Tex. App. Aug. 17, 2017)