Jeff Brinkley v. Texas Department of Family and Protective Services--Appeal from County Court at Law of Bastrop County

State: Texas

Court: Texas Northern District Court

Docket No: 03-07-00145-CV

Case Date: 05/03/2007

Plaintiff: Marvin Trimble

Defendant: The State of Texas--Appeal from County Court at Law No 6 of Bexar County

Preview:Marvin Trimble v. The State of Texas--Appeal from
County Court at Law No 6 of Bexar County
MEMORANDUM OPINION
Nos. 04-02-00871-CR & 04-02-00872-CR
Marvin TRIMBLE,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 6, Bexar County, Texas
Trial Court Nos. 822402 & 824106
Honorable M'Liss Christian, Judge Presiding
PER CURIAM
Sitting: Alma L. L pez , Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: February 5, 2003
DISMISSED FOR LACK OF JURISDICTION
Marvin Trimble was sentenced on September 4, 2002. Trimble's notice of appeal was due to be filed no later than
October 4, 2002. Tex. R. App. P. 26.2. The notice of appeal was not filed until October 29, 2002, and no motion for
extension of time was filed. Tex. R. App. P. 26.3.
"[A] late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed
within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals
within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion
for extension of time." Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.1996). Trimble's notice of appeal was not
filed within fifteen days of the last day allowed for filing, and he did not file a motion for extension of time.
Accordingly, on December 17, 2002, we ordered Trimble to show cause why these appeals should not be dismissed for
lack of jurisdiction. Trimble has not responded to our order. Accordingly, these appeals are dismissed for lack of
jurisdiction.
PER CURIAM
Do not publish
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