Benjamin Wayne McCoin v. State

• Court: Court of Appeals of Texas
• Decided: January 7, 2004
• Docket: 06-04-00003-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-04-00003-CR

BENJAMIN WAYNE MCCOIN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 102nd Judicial District Court

Red River County, Texas

Trial Court No. 76-CR-10-99

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Benjamin Wayne McCoin has filed a document with this Court which constitutes an attempt to appeal from his conviction. Although the language he used could refer to a number of legal remedies, the document constitutes, in effect, a brief arguing that the 102nd Judicial District Court entered an unlawful sentence and asks this Court to order the attorney general's office to file a brief and to then review his conviction. We will treat the document as a notice of appeal.

            The information which McCoin has provided demonstrates he is attempting to again appeal from the conviction which this Court reviewed in McCoin v. State, 56 S.W.3d 609 (Tex. App.—Texarkana 2001, no pet.).

            Deeming this as a notice of appeal, it is far outside the ninety day time period during which a notice of appeal may be filed. See Tex. R. App. P. 26.2(a). Accordingly, we have no jurisdiction over the attempted appeal.

            We dismiss the appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          January 6, 2004

Date Decided:             January 7, 2004

Do Not Publish