State v. Bruce

Full title: THE STATE OF TEXAS, Appellant v. MELONY BRUCE, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Oct 21, 2004

No. 03-04-00392-CR (Tex. App. Oct. 21, 2004)

Opinion

No. 03-04-00392-CR

Filed: October 21, 2004. DO NOT PUBLISH.

Appeal from the District Court of Caldwell County, 22nd Judicial District No. 2004-029, Honorable Jack H. Robison, Judge Presiding. Dismissed for Want of Jurisdiction.

Before Justices KIDD, PATTERSON and PURYEAR.

MEMORANDUM OPINION

DAVID PURYEAR, Justice.

The State seeks to appeal from an order of the district court granting appellee Melony Bruce's motion to suppress evidence. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp. 2004-05). The order granting the motion was signed on June 21, 2004. The deadline for perfecting the State's appeal was therefore July 6, 2004. See id. art. 44.01(d); Tex.R.App.P. 26.2(b). The State's notice of appeal was filed on July 8, 2004. Because the State did not file its notice of appeal within fifteen days following the signing of the dismissal order, we have no alternative but to dismiss the appeal for want of jurisdiction. State v. Rollins, 4 S.W.3d 453, 455 (Tex.App.-Austin 1999, no pet.). The appeal is dismissed.