From Casetext: Smarter Legal Research

Perez v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 7, 2007
No. 10-07-00023-CR (Tex. App. Mar. 7, 2007)

Opinion

No. 10-07-00023-CR

March 7, 2007. DO NOT PUBLISH.

Appeal from the 54th District Court McLennan County, Texas, Trial Court No. 2002-332-C.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Alfred Martinez Perez was convicted of Sexual Assault on April 6, 2006. There being no motion for new trial in the record, Perez' notice of appeal was due May 7, 2006. See TEX. R. APP. P. 26.2(a). Perez' notice of appeal was filed on January 8, 2007, over 8 months late. We have no jurisdiction of an untimely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). The Clerk of the Court warned Perez by letter that because the notice of appeal appeared untimely, the Court may dismiss the appeal unless, within 21 days from the date of the letter, a response is filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. More than 21 days have passed, and Perez has not responded to the Clerk's warning. The appeal is dismissed.


Summaries of

Perez v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 7, 2007
No. 10-07-00023-CR (Tex. App. Mar. 7, 2007)
Case details for

Perez v. State

Case Details

Full title:ALFRED MARTINEZ PEREZ, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 7, 2007

Citations

No. 10-07-00023-CR (Tex. App. Mar. 7, 2007)