Opinion
NO. 02-15-00054-CR
04-16-2015
RANDY WAYNE TUCKER APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 235TH DISTRICT COURT OF COOKE COUNTY
TRIAL COURT NO. 13-00410
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
On February 5, 2015, Randy Wayne Tucker mailed a notice of appeal from his October 22, 2014 conviction to the Cooke County District Clerk, who filed it on February 12, 2015. Although we have notified appellant of our concern that we lack jurisdiction over the appeal because the notice of appeal was not timely filed, we have not received a response from appellant or his appointed counsel.See Tex. R. App. P. 25.2(b), 26.2(a)(1), 44.3. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
The Cooke County District Clerk has forwarded this court a copy of an 11.07 application for writ of habeas corpus seeking an out of time appeal that was filed by appointed counsel. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2014). That application is pending in the trial court.
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PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 16, 2015