Bradwick Levert Holt v. State
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Opinion
In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-05-00278-CR
BRADWICK LEVERT HOLT, Appellant
Â
V.
THE STATE OF TEXAS, Appellee
                                             Â
On Appeal from the County Court
Lamar County, Texas
Trial Court No. 49474
                                                Â
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
            A jury convicted Bradwick Levert Holt of failure to identify, fugitive from justice. See Tex. Pen. Code Ann. § 38.02 (Vernon Supp. 2005). As charged in this case, that offense is a Class B misdemeanor. See id. The trial court assessed Holt's punishment at sixty days' confinement in the county jail and no fine. The court imposed Holt's sentence September 7, 2005. Holt timely filed a motion for new trial October 5, 2005. Holt filed his notice of appeal December 19, 2005.
            To perfect an appeal in a criminal case, the notice of appeal must be filed "within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial." Tex. R. App. P. 26.2. Holt's notice of appeal was not filed until 103 days after the date on which the trial court imposed Holt's sentence. Holt's notice of appeal was, therefore, untimely by thirteen days, and it cannot serve to invoke this Court's jurisdiction.
            Accordingly, we dismiss the appeal for want of jurisdiction.
                                                                                    Josh R. Morriss, III
                                                                                    Chief Justice
Date Submitted:Â Â Â Â Â Â Â Â Â Â January 30, 2006
Date Decided:Â Â Â Â Â Â Â Â Â Â Â Â Â January 31, 2006
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In The
Court of Appeals
                       Sixth Appellate District of Texas at Texarkana
                                               ______________________________
                                                            No. 06-10-00042-CR
                                               ______________________________
                             CALVIN WAYNE BURNHAM, Appellant
                                                               V.
                                    THE STATE OF TEXAS, Appellee
                                                                                                 Â
                                      On Appeal from the 123rd Judicial District Court
                                                            Panola County, Texas
                                                      Trial Court No. 2005-C-0005
                                                                                                 Â
                                         Before Morriss, C.J., Carter and Moseley, JJ.
                                             Memorandum Opinion by Justice Carter
                                                    MEMORANDUM OPINION
           Calvin Wayne Burnham appeals from his convictions by the trial court on four charges of aggravated sexual assault of a child and four charges of indecency with a child. Burnham has filed a single brief, in which he raises issues common to all of his appeals.[1] He argues that the trial court committed reversible error in considering evidence from a previous revocation hearing when granting the StateÂs second amended motion to adjudicate guilt and in admitting the results of a polygraph examination. Burnham also complains that the evidence was insufficient to establish that he violated any conditions of his community supervision.
           We addressed these issues in detail in our opinion of this date on BurnhamÂs appeal in cause number 06-10-00038-CR. For the reasons stated therein, we likewise conclude that reversible error has not been shown in this case.
           We affirm the trial courtÂs judgment.
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