Jim Shaw, Defendant-Surety v. State

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-10-036-CV

JIM SHAW, DEFENDANT-SURETY APPELLANT

V.

THE STATE OF TEXAS APPELLEE

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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION ^{(footnote: 1)}

In this bond forfeiture case, Appellant Jim Shaw attempts to appeal from the trial court’s judgment signed October 16, 2009. ^{(footnote: 2)}  Because Appellant timely filed a motion for new trial, his notice of appeal was due January 14, 2010, but he did not file his notice of appeal until February 3, 2010, which was untimely. ^{(footnote: 3)}

On February 10, 2010, we notified Appellant that his appeal was subject to dismissal for want of jurisdiction unless, by February 22, 2010, he filed a response showing grounds for continuing the appeal. ^{(footnote: 4)}  No response has been filed.  Accordingly, we dismiss this appeal for want of jurisdiction. ^{(footnote: 5)}

PER CURIAM

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED: March 18, 2010

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

See Tex. Code Crim. Proc. Ann. arts. 44.42, 44.44 (Vernon 2006)  (providing that bond forfeitures are appealable according to the appellate rules governing civil appeals).

3:

See Tex. R. App. P. 26.1(a)(1).

4:

See Tex. R. App. P. 42.3(a).

5:

See Tex. R. App. P. 42.3(a), 43.2(f).