Lacedric Ray v. State

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-09-00148-CR No. 10-09-00149-CR No. 10-09-00150-CR No. 10-09-00151-CR No. 10-09-00152-CR

LACEDRIC RAY, Appellant v.

THE STATE OF TEXAS, Appellee

From the 77th District Court Limestone County, Texas Trial Court Nos. 11343-A, 11344-A, 11345-A, 11346-A, and 11630-A

MEMORANDUM OPINION

Lacedric Ray appeals from his five felony judgments of conviction for which the

trial court imposed sentence in open court on January 30, 2009. A motion for new trial

was timely filed, but the notice of appeal was not filed until May 7, 2009, more than

ninety days after sentence was imposed in open court. See TEX. R. APP. P. 26.2(a)(2)

(providing that notice of appeal must be filed within 90 days after date sentence imposed if defendant timely files a motion for new trial). A timely motion for extension

of time was not filed. See id. 26.3 (providing that motion for extension must be filed

within 15 days after deadline for filing of notice of appeal).

Ray’s appointed counsel on appeal has advised us by letter of the untimeliness of

Ray’s notices of appeal, has informed us that he has notified Ray, and has conceded that

we lack jurisdiction.

Because Ray’s notices of appeal are untimely, we lack jurisdiction and dismiss

these appeals.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeals dismissed Opinion delivered and filed July 22, 2009 Do not publish [CRPM]

Ray v. State Page 2