Court of Civil Appeals of Texas, 2003

James Lee Burns v. State

James Lee Burns v. State
Court of Civil Appeals of Texas · Decided April 9, 2003

James Lee Burns v. State

Opinion

James Lee Burns v. State






IN THE

TENTH COURT OF APPEALS


No. 10-03-067-CR

No. 10-03-068-CR


     JAMES LEE BURNS,

                                                                              Appellant

     v.


     THE STATE OF TEXAS,

                                                                              Appellee


From the 40th District Court

Ellis County, Texas

Trial Court Nos. 26344CR and 26343CR

                                                                                                                

MEMORANDUM OPINION

                                                                                                                

      A jury convicted James Lee Burns in a consolidated trial of two charges of intoxication manslaughter and assessed his punishment at twelve years’ imprisonment in both cases. The court imposed sentence on October 23, 2002. Burns filed motions for new trial in each case. Accordingly, his notices of appeal were due on January 21, 2003. See Tex. R. App. P. 26.2(a)(2). Burns filed his notices of appeal on February 14, 2003. Thus, they are untimely.

      “Without a timely filed notice of appeal, a court of appeals lacks jurisdiction over the appeal . . . .” Slaton v. State, 981 S.W.2d 208, 209 (Tex. Crim. App. 1998); accord Woods v. State, 68 S.W.3d 667, 669 (Tex. Crim. App. 2002). Burns did not file timely notices of appeal.

      Accordingly, we dismiss his appeals for want of jurisdiction.


                                                                         PER CURIAM


Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeals dismissed for want of jurisdiction

Opinion delivered and filed April 9, 2003

Do not publish

[CR25]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.