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Patton v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 21, 2005
No. 05-04-00471-CR (Tex. App. Mar. 21, 2005)

Opinion

No. 05-04-00471-CR

Opinion Filed March 21, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the County Court at Law No. 2, Collin County, Texas, Trial Court Cause No. 002-83833-00. Dismissed.

Before Chief Justice THOMAS and Justices O'NEILL and LANG-MIERS.


MEMORANDUM OPINION


Appellant was convicted of assault with bodily injury. Punishment of sixty days' confinement in jail and a $3000 fine was imposed on March 13, 2003. On March 30, 2004, appellant filed a notice of appeal, to which the above trial court number was added in handwriting. We have reviewed our records. An appeal from a conviction in the above trial court number was docketed as cause no. 05-03-00948-CR, styled Kenneth Wayne Patton v. The State of Texas. That appeal was dismissed for want of jurisdiction on August 21, 2003. We have received nothing during the interim to indicate appellant was granted an out-of-time appeal. Appellant's March 30, 2004 notice of appeal is untimely as to the March 13, 2003 sentencing date. See Tex.R.App.P. 26.2. Accordingly, we dismiss the appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.).

The information regarding this case was obtained for the Court's opinion in cause no. 05-03-00948-CR, Kenneth Wayne Patton v. The State of Texas.


Summaries of

Patton v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 21, 2005
No. 05-04-00471-CR (Tex. App. Mar. 21, 2005)
Case details for

Patton v. State

Case Details

Full title:KENNETH PATTON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 21, 2005

Citations

No. 05-04-00471-CR (Tex. App. Mar. 21, 2005)