JAMES TALTON GRIFFIN, Appellant v. THE STATE OF TEXAS, Appellee

Annotate this Case

DISMISS and Opinion Filed October 29, 2008
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-08-01027-CR
No. 05-08-01028-CR
 
............................
JAMES TALTON GRIFFIN, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F02-40694-Q, F02-40923-PQ
.............................................................
MEMORANDUM OPINION
Before Justices Wright, Lang-Miers, and Mazzant
        James Talton Griffin was convicted of two sexual assault offenses. Punishment was assessed in each case at eight years' imprisonment and a $2500 fine, and sentence was imposed on February 27, 2004. On August 4, 2008, appellant filed out-of-time notices of appeal and on August 25, 2008, appellant filed motions to extend time to file his notices of appeal.   See Footnote 1  On October 15, 2008, the State filed a motion to dismiss the appeal in cause no. 05-08-01027-CR.
        Because no timely motions for new trial were filed, appellant's notices of appeal were due by Monday, March 29, 2004.  See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant's August 4, 2008 notices of appeal and his August 25, 2008 motions to extend time to file the notices of appeal are untimely, leaving us without jurisdiction over the appeals. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.-Dallas 1998, no pet.).
        We deny the extension motions, grant the State's motion to dismiss in cause no. 05-08- 01027-CR, and dismiss both appeals for want of jurisdiction.
 
                                                          PER CURIAM
 
Do Not Publish
Tex. R. App. P. 47
081027F.U05
 
Footnote 1 This Court dismissed for want of jurisdiction a previously filed out-of-time appeal in trial court no. F02-40923-PQ. See Griffin v. State, No. 05-08-006998-CR (Tex. App.- Dallas July 2, 2008, no pet.) (not designated for publication).

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.