Court of Civil Appeals of Texas, 2005

Larry Dale Faught v. State

Larry Dale Faught v. State
Court of Civil Appeals of Texas · Decided November 23, 2005

Larry Dale Faught v. State

Opinion

 

 

 

 

 

 

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

                                        NO. 2-05-369-CR

 

LARRY DALE FAUGHT                                                          APPELLANT

 

                                                   V.

 

THE STATE OF TEXAS                                                                STATE

 

                                              ------------

 

            FROM THE 415TH DISTRICT COURT OF PARKER COUNTY

 

                                              ------------

 

                                MEMORANDUM OPINION[1]

 

                                              ------------

Larry Dale Faught is attempting to appeal his conviction for criminal solicitation of a minor with intent to commit aggravated sexual assault.  We dismiss the appeal for want of jurisdiction.


The trial court imposed appellant=s sentence on September 30, 2004.  No motion for new trial was filed; therefore, appellant=s deadline for filing his appeal was November 1, 2004.  See Tex. R. App. P. 26.2(a).  Appellant did not file his notice of appeal until September 27, 2005.  Thus, the appeal is untimely.

In response to our jurisdiction letter, appellant tendered a AMotion [for] Leave to File Late Notice of Appeal,@ which does not state sufficient grounds for continuing the appeal.[2]  Therefore, we dismiss the appeal for want of jurisdiction.

PER CURIAM

 

PANEL D:   CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

 

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

 

DELIVERED:  November 23, 2005

 



[1]See Tex. R. App. P. 47.4.

[2]Appellant filed a different AMotion [for] Leave to File Late Notice of Appeal@ in the trial court, which the trial court did not rule on, but simply forwarded to this court with appellant=s untimely notice of appeal.

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