Michelle Shircliff v. State

• Court: Court of Appeals of Texas
• Decided: July 25, 2018
• Docket: 10-18-00206-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00206-CR

MICHELLE SHIRCLIFF, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2015-1821-C1

MEMORANDUM OPINION

Appellant Michelle Shircliff pleaded guilty to possession of a controlled substance,

methamphetamine, in an amount of less than one gram, and the trial court assessed her

punishment at fifteen months’ confinement in state jail. See TEX. HEALTH & SAFETY CODE

ANN. § 481.115(a), (b) (West 2017). Shircliff’s imposition of sentence was on May 21, 2018,

and the judgment of conviction was signed the same day. Shircliff filed her notice of

appeal on June 28, 2018. Shircliff’s notice of appeal is untimely, and we have no jurisdiction of an untimely

appeal. See TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.

1996) (no appellate jurisdiction where notice of appeal is untimely). This appeal is

therefore dismissed.1

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed July 25, 2018 Do not publish [CR25]

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 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). Shircliff v. State Page 2