Nance v. State

Full title: TERRY LYNN NANCE, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Feb 16, 2011

No. 10-11-00019-CR (Tex. App. Feb. 16, 2011)

Opinion

No. 10-11-00019-CR

Opinion delivered and filed February 16, 2011. DO NOT PUBLISH.

Appealed from the 54th District Court, McLennan County, Texas, Trial Court No. 2010-575-C2.

Before Chief Justice GRAY, Justice DAVIS, and Justice SCOGGINS.

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

Terry Lynn Nance filed a notice of appeal regarding his conviction for Possession of a Controlled Substance. TEX. HEALTH SAFETY CODE ANN. § 481.115 (West 2010). By letter dated January 26, 2011, the Clerk of this Court notified Nance that the appeal was subject to dismissal because it appeared that the notice of appeal was untimely and that the trial court's certificate of right of appeal indicated that Nance waived his right to appeal and had no right to appeal. See TEX. R. APP. P. 26.2(a)(1); 25.2(d). The Clerk also warned Nance that the appeal would be dismissed unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. We received a response from Nance; however, it does not provide grounds for continuing the appeal. Accordingly, this appeal is dismissed.