Derrick C. Wiley v. State

• Court: Court of Appeals of Texas
• Decided: July 9, 2003
• Docket: 10-03-00107-CR
• Status: Published

Opinion

Derrick C. Wiley v. State

IN THE

TENTH COURT OF APPEALS

No. 10-03-107-CR

     DERRICK C. WILEY,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 278th District Court

Leon County, Texas

Trial Court # 7927B

MEMORANDUM OPINION

      Derrick C. Wiley pleaded guilty to possession of a controlled substance. Pursuant to a plea bargain, the court deferred an adjudication of guilty and placed Wiley on unadjudicated community supervision. The court adjudicated Wiley’s guilt and sentenced him to five years’ imprisonment on December 13, 2002. Wiley filed a notice of appeal on April 1, 2003.

      Because Wiley filed a motion for new trial, his notice of appeal was due on March 13, 2003. See Tex. R. App. P. 26.2(a)(2). Wiley filed his notice of appeal nineteen days’ late. Because Wiley did not timely file a notice of appeal, we dismiss the appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Fowler v. State, 16 S.W.3d 426, 428 (Tex. App.—Waco 2000, pet. ref’d).

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed for want of jurisdiction

Opinion delivered and filed July 9, 2003

Do not publish

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