Court of Civil Appeals of Texas, 2015

Timothy Colt Castleberry v. State

Timothy Colt Castleberry v. State
Court of Civil Appeals of Texas · Decided April 23, 2015

Timothy Colt Castleberry v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00599-CR

Timothy Colt Castleberry, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 71051, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Timothy Colt Castleberry seeks to appeal from a judgment of conviction for sexual abuse of a child. See Tex. Penal Code § 21.02. The district court imposed sentence on October 8, 2013, and because no motion for new trial was filed, the deadline for Castleberry to perfect his appeal was November 7, 2013. See Tex. R. App. P. 26.2 (a)(2). However, Castleberry did not file his notice of appeal with the trial court until September 2, 2014. See id. R. 25.1 (providing that appeal is perfected when notice is filed with trial court clerk). Because Castleberry did not timely file his notice of appeal, we lack jurisdiction to dispose of his attempted appeal in any manner other than dismissing it for want of jurisdiction. See Castillo v. State, 369 S.W.2d 196, 198 (Tex. Crim. App. 2012). __________________________________________ Scott K. Field, Justice Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Jurisdiction Filed: April 23, 2015 Do Not Publish

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