IN THE TENTH COURT OF APPEALS No. 10-13-00252-CR DEMORRIC ANTWON BURR, Appellant v. THE STATE OF TEXAS, Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 02-01147-CRF-272

ORDER

Demorric Antwon Burr’s appeal was dismissed on August 8, 2013 for want of jurisdiction. He has now filed a motion for an out of time appeal asserting that he had no counsel during the time a notice of appeal could have been filed and had no knowledge of filing a timely appeal. Burr’s conviction was in December of 2002, almost years ago. We have no jurisdiction of his appeal because it is untimely. See TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no jurisdiction where the notice of appeal is untimely). Because we have no jurisdiction of his appeal, we have no jurisdiction to grant his motion for an out of time appeal.

Accordingly, Burr’s motion for an out of time appeal is dismissed.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion dismissed Order issued and filed August 22, 2013

Burr v. State Page 2