Eddie Louis Kyser v. State
Eddie Louis Kyser v. State
Opinion
PER CURIAM
This is an appeal from a judgment of conviction for aggravated robbery. The punishment is imprisonment for thirty years.
Sentence was imposed in this cause on February 3, 1995. No motion for new trial was filed. Notice of appeal was filed on March 7, 1995, one day after it was due. Tex. R. App. P. 41(b)(1). No extension of time for filing notice of appeal was requested. Tex. R. App. P. 41(b)(2). There is nothing in the record to indicate that notice of appeal was properly mailed to the district clerk within the time prescribed by rule 41(b)(1). Tex. R. App. P. 4(b).
Counsel did not respond to our notice that the notice of appeal was untimely.
Without a timely filed notice of appeal, this Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). The appeal is dismissed.
Before Chief Justice Carroll, Justices Aboussie and Jones
Dismissed
Filed: May 3, 1995
Do Not Publish
Case-law data current through December 31, 2025. Source: CourtListener bulk data.