Cristobal Moreno Orozco v. State

Opinion

Cristobal Moreno Orozco v. State

IN THE

TENTH COURT OF APPEALS

No. 10-02-204-CR

     CRISTOBAL MORENO OROZCO,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 23440-CR

MEMORANDUM OPINION

      Christobal Moreno Orozco pleaded guilty to possession with intent to deliver a controlled substance. Pursuant to a plea agreement, the court sentenced him to thirty years’ imprisonment. Orozco has filed a “Notice of Out of Time Appeal.”

      The court imposed sentence on September 26, 1998. Orozco filed this appeal on June 13, 2002. Thus, his notice of appeal is untimely. See Tex. R. App. P. 26.2(a)(1); State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000); Fowler v. State, 16 S.W.3d 426, 428 (Tex. App.—Waco 2000, pet. ref’d). Because Orozco did not timely file his notice of appeal, we dismiss the appeal for want of jurisdiction.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed for want of jurisdiction

Opinion delivered and filed July 31, 2002

Do not publish

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