Opinion
No. 06-04-00003-CR
Submitted: January 6, 2004.
Decided: January 7, 2004. DO NOT PUBLISH.
On Appeal from the 102nd Judicial District Court, Red River County, Texas, Trial Court No. 76-CR-10-99.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Benjamin Wayne McCoin has filed a document with this Court which constitutes an attempt to appeal from his conviction. Although the language he used could refer to a number of legal remedies, the document constitutes, in effect, a brief arguing that the 102nd Judicial District Court entered an unlawful sentence and asks this Court to order the attorney general's office to file a brief and to then review his conviction. We will treat the document as a notice of appeal. The information which McCoin has provided demonstrates he is attempting to again appeal from the conviction which this Court reviewed in McCoin v. State, 56 S.W.3d 609 (Tex. App.-Texarkana 2001, no pet.). Deeming this as a notice of appeal, it is far outside the ninety day time period during which a notice of appeal may be filed. See Tex.R.App.P. 26.2(a). Accordingly, we have no jurisdiction over the attempted appeal. We dismiss the appeal for want of jurisdiction.