Guadalupe Alaniz v. Wayne Crotwell, Individually and D/B/A Crotwell-Hinson Farms

• Court: Court of Appeals of Texas
• Decided: August 8, 2002
• Docket: 07-00-00511-CV
• Status: Published

Opinion

NO. 07-00-0511-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

AUGUST 8, 2002

______________________________

GUADALUPE ALANIZ, APPELLANT

V.

WAYNE CROTWELL, APPELLEE

_________________________________

FROM THE 121^ST DISTRICT COURT OF TERRY COUNTY;

NO. 14,675; HONORABLE KELLY G. MOORE, JUDGE

_______________________________

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

Appellant, Guadalupe Alaniz and the appellee, Wayne Crotwell, filed an Agreed Motion to Dismiss Appeal on July 30, 2002. The Agreed Motion to Dismiss is signed by both parties' counsel.

Without passing on the merits of the case, the parties' Agreed Motion to Dismiss Appeal is granted and the appeal is dismissed. Tex. R. App. P. 42.2. All costs having been paid, no order pertaining to the costs is made. Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Phil Johnson

Justice

Do not publish.

t be filed within 30 days of the date sentence was imposed. Tex. R. App. P. 26.2(a)(1). The notice filed by appellant 76 days after sentence was imposed is untimely and thus, we are without jurisdiction to entertain this purported appeal. ⁽³⁾

Accordingly, the State's motion to dismiss is granted and the purported appeal is dismissed for want of jurisdiction.

Don H. Reavis

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

2. Tex. R. App. P. 47.4.

3. Appellant may have a remedy by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time appeal. Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2003).