In Re: John M. O'Quinn, PC, d/b/a O'Quinn & Laminack, John M. O'Quinn & Associates, a Texas General Partnership, John M. O'Quinn & Associates, LLP d/b/a O'Quinn & Laminack, John M. O'Quinn Law Firm, P

State: Texas

Court: Texas Northern District Court

Docket No: 12-07-00109-CV

Case Date: 12/21/2007

Plaintiff: Robert Grant Gerhart

Defendant: The State of Texas--Appeal from County Court at Law of Walker County

Preview:Robert Grant Gerhart v. The State of Texas--Appeal from County Court at Law of Walker County
IN THE TENTH COURT OF APPEALS

No. 10-07-00093-CR Robert Grant Gerhart, Appellant v. The State of Texas, Appellee

From the County Court at Law Walker County, Texas Trial Court No. 06-0965 MEMORANDUM Opinion

Appellant filed his notice of appeal with the trial court clerk 56 days after the court imposed sentence.[1] Therefore, the notice of appeal is untimely. See Tex. R. App. P. 26.2(a)(1). Accordingly, the appeal is dismissed for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Fowler v. State, 16 S.W.3d 426, 428 (Tex. App.CWaco 2000, pet. ref=d). PER CURIAM Before Chief Justice Gray, Justice Vance, and Justice Reyna Appeal dismissed Opinion delivered and filed June 27, 2007 Do not publish [CR25]

file:///C|/Users/Peter/Desktop/opinions/PDFs1/8347.html[8/20/2013 7:28:49 PM]

[1] Appellant did serve a copy of his notice of appeal on the prosecutor within 30 days after imposition of sentence, but the event which invokes this Court s appellate jurisdiction is the filing of the notice of appeal with the trial court clerk. See Tex. R. App. P. 25.2(c)(1); Miller v. State, No. PD-1675-03, 2005 WL 2763830, at *2 (Tex. Crim. App. Oct. 26, 2005) (not designated for publication).

file:///C|/Users/Peter/Desktop/opinions/PDFs1/8347.html[8/20/2013 7:28:49 PM]

Download 8347.pdf