Josh McClendon III v. State

Opinion

Josh McClendon III v. State

IN THE

TENTH COURT OF APPEALS

No. 10-03-006-CR

     JOSH McCLENDON III,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 77th District Court

Limestone County, Texas

Trial Court # 9054-A

MEMORANDUM OPINION

      The court revoked Josh McClendon, III’s community supervision for burglary of a habitation on March 21, 2002 and imposed the original sentence of ten years’ imprisonment. McClendon filed a pro se notice of appeal on September 11.

      Because McClendon did not file a motion for new trial, his notice of appeal was due on Monday, April 22, 2002. See Tex. R. App. P. 26.2(a)(1). “If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal.” 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). McClendon did not timely perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed for want of jurisdiction

Opinion delivered and filed April 23, 2003

Do not publish

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