Owirodu, Kwaku v. State

Court of Appeals of Texas·Decided September 27, 2012·No. 05-12-00517-CR·Published

Opinion

1)ISMISS; Opinion issued September 27, 2012

In The Q!nnrt uf iat ifth htrirt uf ixa at 1at1a No. 05-12-00517-CR

KWAKU OWIRODU, Appellant

V.

TIlE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court No. 11 Dallas County, Texas Trial Court Cause No. MAI 1-04764-N

MEMORANDUM OPINION Before Justices FitzGerald, Murphy, and Fillmore Opinion By Justice FitzGerald

Kwaku Owirodu was convicted of assault involving family violence. Punishment was

assessed at 365 days’ confinement in jail and was imposed in open court on February 1, 2012. No

motion for new trial was filed therefore, appellant’s notice of appeal was due by March 2. 2012.

See TEx. R. App. P. 26.2(a)(l). Appellant filed his notice of appeal on March 26, 2012, outside both

the thirty-day period provided by rule 26.2(a)( 1) and the fifteen-day extension period provided by

rule 26.3. See TEx. R. App. P. 26.3. Appellants untimely notice of appeal leaves us without

jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per

curiam). We dismiss the appeal for want of jurisdiction.

I)o Not Publish TEX. R. App. P. 47 120517F.LJO5 IL11Trt 01 Appcah FiftIi Jitrict of ixzu at Ia11a

JUDGMENT KWAKU OW1RODU, Appellant Appeal from the County Criminal Court No. 11 of Dallas County, Texas. (Tr.Ct.No. No. 05-12-00517-CR V. MA! 1-04764-N). Opinion delivered by Justice FitzGerald, THE STATE OF TEXAS. Appellee Justices Murphy and Fillmore participating.

Based on the Courts opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered September 27, 2012,

‘fKERR(y Fl 1 JU S F1Q

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Related

Slaton v. State
981 S.W.2d 208 (Court of Criminal Appeals of Texas, 1998)