Troy L. Ward v. State
This text of Troy L. Ward v. State (Troy L. Ward 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
Before BOYD, C.J., and QUINN and REAVIS, JJ.
Following a plea of not guilty in cause number 99-429700, appellant Troy Ward was convicted by a jury of aggravated assault and punishment was assessed by the court pursuant to a plea agreement at 20 years confinement. Appellant plead guilty to aggravated robbery in cause number 99-430000 and punishment was assessed at 25 years confinement. Both sentences were imposed on April 14, 1999. On March 20, 2002, appellant filed a pro se notice of appeal seeking permission of the trial court to appeal his convictions. Based upon the rationale expressed herein, we dismiss for want of jurisdiction.
A defendant must file a written notice of appeal with the trial court clerk within 30 days after the date sentence is imposed. Tex. R. App. P. 25.2 & 26.2(a)(1). The Rules of Appellate Procedure provide for a 15-day extension in which to file the notice of appeal if it is accompanied by a motion for extension of time. Tex. R. App. P. 26.3 & 10.5(b)(2). This Court is without jurisdiction to address the merits of an appeal and can take no action other than to dismiss the appeal if an appeal is not timely perfected. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Cr.App. 1998).
Appellant's sentences were imposed on April 14, 1999; thus, the deadline for filing the notices of appeal was May 14, 1999, or 15 days thereafter if accompanied by a compliant motion for extension of time. A notice of appeal filed approximately 34 months after the deadline for doing so does not invoke our jurisdiction.
Accordingly, the purported appeals are dismissed for want of jurisdiction. (1)
Don H. Reavis
Justice
Do not publish.
1. Appellant may have recourse by filing a post-conviction writ of habeas corpus
returnable to the Court of Criminal Appeals for consideration of an out-of-time appeal.
Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2002).
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NO. 07-11-00310-CV
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
AUGUST 19, 2011
IN RE DONOVAN DUNN, RELATOR
.
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
MEMORANDUM OPINION
Relator Donovan Dunn has filed a petition for writ of mandamus and motion for temporary relief. By his petition, relator asserts the trial court rendered two void orders requiring he submit to drug screening. He asks that we declare the orders void and temporarily forbid a contempt determination by the trial court.
Relator has presented no evidence of indigence, thus the filing fees for his petition and motion were due on July 29, 2011, when the items were presented for filing. Tex. R. App. P. 5. By letter of August 1, the clerk of this court directed relator to pay the fees by August 11, on peril of dismissal for noncompliance. See Tex. R. App. P. 5 (court may enforce rule by an order that is just); cf. Tex. R. App. P. 42.3(c) (appeal may be involuntarily dismissed for failure to comply with appellate rules, court order, or notice of the clerk requiring action within specified time). To date, relator has not responded.
Consequently, because he has failed to comply with the appellate rules and our clerks notice requiring payment of the fees, relators petition and motion are dismissed. Tex. R. App. P. 42.3.
Per Curiam
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