Michael Travis Lay v. State

Court of Appeals of Texas

Michael Travis Lay v. State

DecidedJune 9, 2016

Docket11-16-00133-CR

StatusPublished

This text of Michael Travis Lay v. State (Michael Travis Lay 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.

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Michael Travis Lay v. State, (Tex. Ct. App. 2016).

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Opinion

Opinion filed June 9, 2016

In The

Eleventh Court of Appeals ___________

No. 11-16-00133-CR ___________

MICHAEL TRAVIS LAY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 350th District Court Taylor County, Texas Trial Court Cause No. 9722-D

MEMORANDUM OPINION Michael Travis Lay, Appellant, has filed an untimely pro se notice of appeal from a conviction for the offense of delivery of marihuana in a drug-free zone. We dismiss the appeal. The documents on file in this case indicate that Appellant’s sentence was imposed on October 22, 2015, and that his notice of appeal was filed in the district clerk’s office on May 19, 2016. When the appeal was filed in this court, we notified Appellant by letter that the notice of appeal appeared to be untimely and that the appeal may be dismissed for want of jurisdiction. We requested that Appellant respond to our letter and show grounds to continue. We have not received any response to our letter. Pursuant to TEX. R. APP. P. 26.2(a), a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed in open court. A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this court reflect that Appellant’s notice of appeal was filed with the clerk of the trial court 210 days after sentence was imposed. The notice of appeal was, therefore, untimely. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain this appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993). This appeal is dismissed for want of jurisdiction.

PER CURIAM

June 9, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.

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Opinion filed June 9, 2016

In The

Eleventh Court of Appeals ___________

No. 11-16-00133-CR ___________

MICHAEL TRAVIS LAY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 350th District Court Taylor County, Texas Trial Court Cause No. 9722-D

MEMORANDUM OPINION Michael Travis Lay, Appellant, has filed an untimely pro se notice of appeal from a conviction for the offense of delivery of marihuana in a drug-free zone. We dismiss the appeal. The documents on file in this case indicate that Appellant’s sentence was imposed on October 22, 2015, and that his notice of appeal was filed in the district clerk’s office on May 19, 2016. When the appeal was filed in this court, we notified Appellant by letter that the notice of appeal appeared to be untimely and that the appeal may be dismissed for want of jurisdiction. We requested that Appellant respond to our letter and show grounds to continue. We have not received any response to our letter. Pursuant to TEX. R. APP. P. 26.2(a), a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed in open court. A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this court reflect that Appellant’s notice of appeal was filed with the clerk of the trial court 210 days after sentence was imposed. The notice of appeal was, therefore, untimely. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain this appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993). This appeal is dismissed for want of jurisdiction.

PER CURIAM

June 9, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.

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