Longview Independent School District v. Vibra-Whirl, Ltd.--Appeal from County Court at Law of Gregg County

State: Texas

Court: Texas Northern District Court

Docket No: 06-05-00038-CV

Case Date: 08/04/2005

Plaintiff: Dan Allen Compton

Defendant: The State of Texas--Appeal from 114th District Court of Smith County

Preview:Victor Eugene Spiller v. The State of Texas--Appeal
from 184th District Court of Harris County
11th Court of Appeals
Eastland, Texas
Opinion
Victor Eugene Spiller
Appellant
Vs. Nos. 11-05-00015-CR & 11-05-00016-CR -- Appeals from Harris County
State of Texas
Appellee
Victor Eugene Spiller entered a plea of guilty to the offense of possession of more than 4 but less than 200 grams of
cocaine[1] and to the offense of sexual assault of a child.[2] In each case, appellant entered pleas of true to both
enhancement allegations and entered into plea bargain agree-ments. Pursuant to the plea agreements, the trial court
assessed punishment at confinement for 30 years. We dismiss.
The sentences were imposed in open court on December 17, 2003. Motions for new trial were not filed. Pursuant to
TEX.R.APP.P. 26.2(a)(1), appellant=s notices of appeal were due to be filed within 30 days after the date the
sentences were imposed.
In Cause No. 11-05-00015-CR, appellant filed with the clerk of the trial court a pro se notice of appeal and a pro se
motion for permission to appeal on November 29, 2004, 348 days after the date the sentence was imposed. In Cause
No. 11-05-00016-CR, appellant filed with the clerk of the trial court a pro se notice of appeal and a pro se motion for
permission to appeal on December 14, 2004, 363 days after the date the sentence was imposed.
Neither the notices of appeal nor the motions were timely. TEX.R.APP.P. 26.2 & 26.3. Moreover, the motions were
not filed with the proper clerk. Rule 26.3. Absent a timely notice of appeal or the granting of a timely, proper motion
for extension of time, this court does not have jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208
(Tex.Cr.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App.1996); Rodarte v. State, 860 S.W.2d 108
(Tex.Cr.App.1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App.1988).
Therefore, the appeals are dismissed for want of jurisdiction.
PER CURIAM
February 17, 2005
Do not publish. See TEX.R.APP.P. 47.2(b).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.
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[1]Cause No. 11-05-00015-CR.
[2]Cause No. 11-05-00016-CR.
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