Michael Ray Timmons v. State
This text of Michael Ray Timmons v. State (Michael Ray Timmons v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NO. 12-05-00218-CR
NO. 12-05-00219-CR
NO. 12-05-00220-CR
NO. 12-05-00221-CR
NO. 12-05-00222-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
MICHAEL RAY TIMMONS, § APPEAL FROM THE
APPELLANT
V. § COUNTY COURT AT LAW OF
THE STATE OF TEXAS,
APPELLEE § SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
These appeals are being dismissed for want of jurisdiction. Appellant attempts to appeal his conviction and sentence in five trial court cause numbers. The sentence in each of these cases was imposed more than two years ago. Texas Rule of Appellate 26.2 provides that an appeal is perfected when a notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Tex. R. App. P. 26.2. Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. Id. Appellant did not file a motion for new trial in any of the five cases. Even if he had done so, however, his notice of appeal is untimely because each of his sentences were imposed more than two years ago.
On July 12, 2005, this Court notified Appellant that the information received in these appeals did not show the jurisdiction of this Court, and it gave him until July 27, 2005 to correct the defect. In response to our notice, Appellant filed a motion for extension of time to comply with our notice. The motion was denied. Because this Court has no authority to allow the late filing of a notice of appeal except as provided by Texas Rule of Appellate Procedure 26.3, the appeals must be dismissed. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, the appeals are dismissed for want of jurisdiction.
Opinion delivered July 29, 2005.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(DO NOT PUBLISH)
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