Two Thousand Four Hundred Fifty-Six Dollars v. State of Texas--Appeal from 241st District Court of Smith County

State: Texas

Court: Texas Northern District Court

Docket No: 12-05-00363-CV

Case Date: 12/07/2005

Plaintiff: Terry Dwayne Allen

Defendant: The State of Texas--Appeal from 161st District Court of Ector County

Preview:Terry Dwayne Allen v. The State of Texas--Appeal from
161st District Court of Ector County
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11th Court of Appeals
Eastland, Texas
Opinion
Terry Dwayne Allen
Appellant
Vs. No. 11-03-00383-CR Appeal from Ector County
State of Texas
Appellee
The jury convicted Terry Dwayne Allen of possession of methamphetamine and assessed his punishment at
confinement for 2 years at a state jail facility and a $7,500 fine. We dismiss the appeal.
The trial court imposed the sentence in open court on October 1, 2003. The notice of appeal was filed on November 20,
2003, 50 days after the date the sentence was imposed in open court. Without a timely motion for new trial, the notice
of appeal is out of time. TEX.R.APP.P. 26.2(a). While the clerk s record contains an order refusing to grant a new
trial, a motion for new trial is not included in the clerk s record. Further, the trial court s docket sheet makes no
reference to the filing of a motion for new trial, and the district clerk s office has notified us that they have no record
of a motion for new trial being filed.
On December 30, 2003, the clerk of this court wrote the parties explaining that the notice of appeal appeared to be out
of time, stating that the clerk of the trial court had informed this court that a motion for new trial had not been filed,
and requesting that appellant respond within 10 days showing grounds for continuing the appeal. Appellant has failed
to respond.
Absent a timely notice of appeal or the granting of a timely 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). The notice of appeal is not timely, and a motion for extension has not been filed. Therefore, this
court does not have jurisdiction to entertain this appeal.
The appeal is dismissed.
PER CURIAM
February 5, 2004
Do not publish.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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