Michael Andrew Bain v. State
Michael Andrew Bain v. State
Opinion
Michael Andrew Bain appeals from his conviction for the offense of robbery. This is one of six appeals brought by Bain from his convictions. He was convicted in a single, consolidated trial, based on his guilty plea (without a negotiated plea agreement), to three indictments for aggravated robbery of an elderly person, two indictments for robbery, and one indictment for theft. A jury assessed his punishment at eighty-five years' imprisonment in the aggravated robbery convictions, forty years' imprisonment for the robbery convictions, and two years' confinement in a state jail facility for the theft conviction. The causes have been appealed separately and have been briefed together.
Since the briefs and arguments raised therein are identical in all appeals, for the reasons stated in Michael Andrew Bain v. The State of Texas, No. 06-02-00017-CR, we likewise resolve the issues in this appeal in favor of the State.
We affirm the trial court's judgment.
Jack Carter
Justice
Date Submitted: June 18, 2003
Date Decided: July 1, 2003
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notice of appeal was outside the fifteen-day grace period provided by Tex. R. App. P. 26.3. His motion, therefore, was improvidently granted.
Arndt's notice of appeal was due May 6, 2003 (or May 21, 2003, with a properly granted motion to extend time). The notice was not filed until June 18, 2003. He has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
Donald R. Ross
Justice
Date Submitted: September 2, 2003
Date Decided: September 3, 2003
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