Socorro Rodriguez v. Charles Gordon McAdams, M.D.--Appeal from 67th District Court of Tarrant County

State: Texas

Docket No: 02-05-00331-CV

Case Date: 11/10/2005

Plaintiff: AUTO EXCEL LUBE CENTER, INC.

Defendant: MIDSTATE ENVIRONMENTAL SERVICES, LLC--Appeal from County Court at Law No 2 of Nueces County

Preview:James Michael Bryan v. The State of Texas--Appeal from County Court at Law No 4 of Bexar County
MEMORANDUM OPINION No. 04-04-00158-CR James Michael BRYAN, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 4, Bexar County, Texas Trial Court No. 805832 Honorable Sarah Garrahan-Moulder, Judge Presiding PER CURIAM Sitting: Alma L. L pez, Chief Justice Catherine Stone, Justice Phylis J. Speedlin, Justice Delivered and Filed: April 28, 2004 DISMISSED FOR WANT OF JURISDICTION Appellant was sentenced on November 14, 2003. A timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than February 12, 2004. See Tex. R. App. P. 26.2. The notice of appeal was not filed until March 4, 2004. A motion for extension of time was due to be filed on February 27, 2004, but was not filed until March 4, 2004. See Tex. R. App. P. 26.3. Appellant has not responded to this court's order issued March 18, 2004, for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. When a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period, the appellate court lacks jurisdiction. Tex. R. App. P. 26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991)(out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). The appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH

file:///C|/Users/Peter/Desktop/opinions/PDFs1/17088.html[8/20/2013 7:43:59 PM]

Download 17088.pdf