Opinion
No. 05-12-00515-CR
04-30-2012
ADONIS RENARD TARBUTTON A/K/A ADONIS REYNARD TARBUTTON, Appellant v. THE STATE OF TEXAS, Appelle
DISMISS; Opinion Filed April 30, 2012.
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-80950-02
MEMORANDUM OPINION
Before Justices O'Neill, Richter, and Lang-Miers
Opinion By Justice Lang-Miers
Adonis Renard Tarbutton was convicted aggravated robbery. Punishment, enhanced by two prior felony convictions, was assessed at thirty-five years' imprisonment. Sentence was imposed in open court on March 4, 2003. Appellant's conviction was affirmed on direct appeal. See Tarbutton v. State, No. 06-03-00150-CR (Tex. App.-Texarkana May 6, 2004, no pet.) (not designated for publication). On April 9, 2012, appellant filed a pro se motion for new trial and out-of-time notice of appeal. The April 9, 2012 notice of appeal is untimely as to the March 4, 2003 sentencing date, see Tex. R. App. P. 26.2(a), and this Court has no authority to grant an out-of-time appeal. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2011); Ater v. Eight Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991).
The appeal was originally filed in this Court and transferred to the Sixth District Court of Appeals pursuant to an order of the Texas Supreme Court.
We dismiss the appeal for want of jurisdiction.
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
Tex. R. App. P. 47
120515F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ADONIS RENARD TARBUTTON A/K/A ADONIS REYNARD TARBUTTON, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00515-CR
Appeal from the 401st Judicial District Court of Collin County, Texas. (Tr.Ct.No. 401- 80950-02).
Opinion delivered by Justice Lang-Miers, Justices O'Neill and Richter participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered April 30, 2012.
ELIZABETH LANG-MIERS
JUSTICE