Court of Civil Appeals of Texas, 2012

Melvin Earl Jackson v. State

Melvin Earl Jackson v. State
Court of Civil Appeals of Texas · Decided June 13, 2012

Melvin Earl Jackson v. State

Opinion

MEMORANDUM OPINION No. 04-12-00310-CR Melvin Earl JACKSON, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2010CR9471 Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: June 13, 2012 DISMISSED FOR LACK OF JURISDICTION The trial court imposed or suspended sentence on December 8, 2011. Appellant did not file his notice of appeal until May 8, 2012. Because he did not file a motion for new trial, the notice of appeal was due to be filed on January 9, 2012. See TEX. R. APP. P. 26.2(a). Further, even if appellant had filed a motion for new trial, his notice of appeal would have been due to be filed on March 7, 2012. See id. Thus, by waiting until May 8, 2012, appellant did not timely file his notice of appeal, and we lack jurisdiction over this appeal. We therefore ordered appellant to 04-12-00310-CR

show cause why this appeal should not be dismissed for lack of jurisdiction. Although appellant responded to our order, his response does not indicate that we have jurisdiction over this appeal.

Thus, this appeal is dismissed for lack of jurisdiction

PER CURIAM Do not publish

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