Michael Marcellas Williams v. State of Texas--Appeal from 238th District Court of Midland County

State: Texas

Court: Texas Northern District Court

Docket No: 11-07-00325-CR

Case Date: 11/29/2007

Plaintiff: Miguel Lopez

Defendant: The Garbage Man, Inc. d/b/a The G-Man, Inc., Gary Hawley, David Munoz, Anthony Johnson, and Loretta

Preview:Michael Marcellas Williams v. State of Texas--Appeal from 238th District Court of Midland County
Opinion filed November 29, 2007 Opinion filed November 29, 2007 In The Eleventh Court of Appeals ____________ No. 11-07-00325-CR __________ MICHAEL MARCELLAS WILLIAMS, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CR33549 OPINION Michael Marcellas Williams was convicted of aggravated assault and sentenced to confinement for fifteen years. We dismiss. The trial court sentenced him to confinement for fifteen years on August 8, 2007; he did not file a motion for new trial; and he filed his pro se notice of appeal on October 18, 2007. On November 2, 2007, the clerk of this court wrote the parties advising them that it appeared appellant had not timely perfected an appeal and directing appellant to respond showing grounds for continuing the appeal.

Appellant has responded by filing in this court on November 7, 2007, a pro se motion for an out-of-time appeal. Appellant acknowledges that his notice of appeal is not timely. Pursusant to Tex. R. App. P. 26.2 and 26.3, neither appellant=s notice of appeal nor motion for extension of time is timely. Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). Appellant may be able to secure an out-of-time appeal by filing a postconviction writ pursuant to Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon. Supp. 2007). The motion is overruled, and the appeal is dismissed for want of jurisdiction.

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PER CURIAM November 29, 2007 Do not publish. See Tex. R. App. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J.

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