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MORA v. STATE

Court of Appeals of Texas, Fifth District, Dallas
Nov 10, 2005
Nos. 05-05-01175-CR, 05-05-01176-CR (Tex. App. Nov. 10, 2005)

Opinion

Nos. 05-05-01175-CR, 05-05-01176-CR

Opinion issued November 10, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause Nos. F03-50518-UL, F05-48887-KL. Dismissed.

Before Justices MORRIS, WRIGHT, and RICHTER.


MEMORANDUM OPINION


Gustavo Mora was convicted of aggravated assault and possession with intent to deliver cocaine in an amount of four grams or more but less than 200 grams. On June 1, 2005, the trial judge sentenced appellant to fifteen years' confinement in each case. Any motion for new trial was due by July 1, 2005. See Tex.R.App.P. 21.4(a). Absent a timely motion for new trial, appellant's notice of appeal was due by July 1, 2005. See Tex.R.App.P. 26.2(a)(1). Appellant's motion for new trial and notices of appeal were file stamped July 7, 2005, six days late. Appellant did not respond to our jurisdiction letter, nor has he produced anything to show he mailed his notices of appeal on or before July 1, 2005. See Tex.R.App.P. 9.2(b). The State filed a letter brief in which it asserts appellant has produced nothing to show we have jurisdiction over the appeals. Although appellant's July 7, 2005 notices were filed within fifteen days of the date they were due, appellant did not file an extension motion in this Court within that fifteen-day period. See Tex.R.App.P. 26.3. Because appellant has produced nothing to show he mailed his notices of appeal on or before July 1, 2005, we conclude we have no jurisdiction over the appeals. 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 appeals for want of jurisdiction.


Summaries of

MORA v. STATE

Court of Appeals of Texas, Fifth District, Dallas
Nov 10, 2005
Nos. 05-05-01175-CR, 05-05-01176-CR (Tex. App. Nov. 10, 2005)
Case details for

MORA v. STATE

Case Details

Full title:GUSTAVO SEBASTIAN MORA, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 10, 2005

Citations

Nos. 05-05-01175-CR, 05-05-01176-CR (Tex. App. Nov. 10, 2005)