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Wright v. State

Court of Appeals of Texas, First District, Houston
Oct 13, 2011
No. 01-11-00663-CR (Tex. App. Oct. 13, 2011)

Opinion

NO. 01-11-00663-CR

10-13-2011

WILLIE LEA WRIGHT, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 578264


MEMORANDUM OPINION

In November 13, 1991, appellant Willie Lea Wright was convicted of the offense of felony theft of property. He did not appeal his conviction at that time. On July 18, 2011, appellant, proceeding pro se, filed a document purporting to be a notice of appeal.

Under the Texas Rules of Appellate Procedure, a notice of appeal was due on or before December 13, 1991. See TEX. R. APP. P. 26.2(a). Appellant filed his notice of appeal twenty years later, on July 18, 2011.

The same deadlines applied under former Rule 41(b)(1), which was applicable at the time of appellant's conviction.

A notice of appeal that complies with the Rules of Appellate Procedure is essential to vest this court with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). The court of criminal appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.

Accordingly, because we lack jurisdiction over the appeal, we dismiss. See TEX. R. APP. P. 25.2(d), 42.3(a), 43.2(f). All pending motions are dismissed as moot.

To the degree that appellant seeks a copy of his trial court records pertaining to his 1991 conviction, that conviction was never appealed to this Court and this Court does not maintain those records.
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PER CURIAM

Panel consists of Justices Keyes, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Wright v. State

Court of Appeals of Texas, First District, Houston
Oct 13, 2011
No. 01-11-00663-CR (Tex. App. Oct. 13, 2011)
Case details for

Wright v. State

Case Details

Full title:WILLIE LEA WRIGHT, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Oct 13, 2011

Citations

No. 01-11-00663-CR (Tex. App. Oct. 13, 2011)