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Mercado v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 22, 2007
No. 05-07-00038-CR (Tex. App. Mar. 22, 2007)

Opinion

No. 05-07-00038-CR

Opinion issued March 22, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the 195th Judicial District Court Dallas County, Texas, Trial Court Cause No. F05-71087-N.

Before Justices MOSELEY, BRIDGES, and RICHTER.


MEMORANDUM OPINION


Roberto Mercado was convicted of theft of property having an aggregate value of $1500 or more but less than $20,000. On October 27, 2006, the trial court assessed punishment at two years' confinement in a state jail facility, probated for three years. No timely motion for new trial was filed; therefore appellant's notice of appeal was due by Monday, November 27, 2006. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant filed his notice of appeal on November 29, 2006, within fifteen days of November 27, 2006, but he did not file an extension motion in this Court. See Tex. R. App. P. 26.3. Because appellant's notice of appeal was untimely, 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.). Accordingly, we dismiss the appeal for want of jurisdiction.

Appellant filed an untimely motion for new trial on December 6, 2006.


Summaries of

Mercado v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 22, 2007
No. 05-07-00038-CR (Tex. App. Mar. 22, 2007)
Case details for

Mercado v. State

Case Details

Full title:ROBERTO MERCADO, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 22, 2007

Citations

No. 05-07-00038-CR (Tex. App. Mar. 22, 2007)