Zachary Daniel Harris a/k/a Zachary Harris v. The State of Texas--Appeal from 372nd District Court of Tarrant County

State: Texas

Docket No: 02-07-00400-CR

Case Date: 12/04/2008

Plaintiff: Manuel Padilla Flores

Defendant: The State of Texas--Appeal from 290th Judicial District Court of Bexar County

Preview:Manuel Padilla Flores v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-07-00040-CR Manuel Padilla FLORES, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 1986-CR-2811 Honorable Sharon MacRae, Judge Presiding PER CURIAM

Sitting: Alma L. L pez, Chief Justice Catherine Stone, Justice Steven C. Hilbig, Justice

Delivered and Filed: February 28, 2007

DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence on Manuel Padilla Flores on September 4, 1992, and Flores did not file a motion for new trial. A notice of appeal of the judgment was therefore due thirty days after sentence was imposed. Tex. R. App. P. 26.2(a)(1); see Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993) (construing former Rule of Appellate Procedure 40(b)(1)). Flores did not file a notice of appeal until January 8, 2007. This court does not have jurisdiction to consider an appeal that was not timely filed. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Rodarte, 860 S.W.2d at 110. Accordingly, the appeal is dismissed for want of jurisdiction.

PER CURIAM Do not publish

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