Court of Civil Appeals of Texas, 1996

Barry Dockery v. State

Barry Dockery v. State
Court of Civil Appeals of Texas · Decided February 14, 1996

Barry Dockery v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-95-00762-CR





Barry Dockery, Appellant



v.



The State of Texas, Appellee





FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT

NO. 0946153, HONORABLE JON N. WISSER, JUDGE PRESIDING





PER CURIAM





This is an appeal from an order revoking probation. Sentence was imposed in open court on November 3, 1995. No motion for new trial was filed. Appellant's pro se notice of appeal was untimely filed on December 7, 1995. Tex. R. App. P. 41(b)(1). Appellant's pro se motion for extension of time for filing notice of appeal, also untimely, was filed on January 22, 1996. Tex. R. App. P. 41(b)(2).

The appellate time limits are not discretionary and may not be suspended. Garza v. State, 896 S.W.2d 192 (Tex. Crim. App. 1995). Because it was not timely filed, appellant's motion for extension of time to file notice of appeal is overruled. 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: February 14, 1996

Do Not Publish

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