Danielle Sunny Pollard v. State
Danielle Sunny Pollard v. State
Opinion
PER CURIAM
On appeal de novo from justice of the peace court, a county court jury found appellant guilty of making an unsafe turn and assessed a $100 fine. We will dismiss the appeal.
Sentence was imposed on October 13, 1995. A motion for new trial was timely filed. Notice of appeal was untimely filed on January 16, 1996, ninety-five days after sentencing. Tex. R. App. P. 41(b)(1). No extension of time for filing was requested. Tex. R. App. P. 41(b)(2). The mailbox rule cannot apply because notice of appeal was sent to the county clerk by private carrier. Tex. R. App. P. 4(b). (1) 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 Kidd
Dismissed for Want of Jurisdiction
Filed: March 20, 1996
Do Not Publish
1. In any event, the carrier's receipt indicates that the document was presented for delivery on January 12, one day late.
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