Kenneth Dwayne Clemons v. State

• Court: Court of Appeals of Texas
• Decided: March 22, 2017
• Docket: 10-17-00075-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-17-00075-CR

KENNETH DWAYNE CLEMONS, Appellant v.

THE STATE OF TEXAS, Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 34488CR

MEMORANDUM OPINION

Kenneth Dwayne Clemons attempts to appeal from his conviction for the offense

of evading arrest with a vehicle. The sentence was imposed on April 15, 2010, and

Clemons filed his notice of appeal on March 2, 2017. Clemons’s notice of appeal is

untimely. See TEX. R. APP. P. 26.2(a)(1).

Accordingly, the appeal is dismissed. 1

1A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed March 22, 2017 Do not publish [CR25]

petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2 (a). Clemons v. State Page 2