Echols, James Edward v. The State of Texas
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DISMISS; Opinion Filed August 27, 2012. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00182-CR JAMES EDWARD ECHOLS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-81145-10 MEMORANDUM OPINION Before Justices O=Neill, Richter, and Lang-Miers Opinion By Justice Richter James Edward Echols was convicted of aggravated sexual assault of a child and sentenced to ninety-nine years= imprisonment. Sentence was imposed in open court on November 9, 2011. No motion for new trial was filed; therefore, appellant=s notice of appeal was due by December 9, 2011. See TEX. R. APP. P. 26.2(a)(1). Appellant=s notice of appeal was mailed on January 31, 2012 and filed in the trial court on February 2, 2012. The untimely notice of appeal leaves us without jurisdiction over the appeal.1 See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per 1 In its findings regarding why appellant=s brief has not been filed, the trial court stated appellant was seeking an out-of-time appeal. This Court has no authority to grant an out-of-time appeal. Appellant must seek such relief via application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure 11.07. Comment [COMMENT1]: Page Number Footer A Included Use Hotkey ` and then EFA to (E)dit (F)ooter (A) Comment [COMMENT2]: Date Printed: Header A included, Use Hotkey ` and then EHA to (E)dit (H)eader (A) Use Hotkey ` and then DHAT to (D)elete (H)eader (A)(T)ext curiam). We dismiss the appeal for want of jurisdiction. MARTIN RICHTER JUSTICE Do Not Publish TEX. R. APP. P. 47 120182F.U05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMES EDWARD ECHOLS, Appellant Appeal from the 401st Judicial District Court of Collin County, Texas. (Tr.Ct.No. 401No. 05-12-00182-CR V. 81145-10). Opinion delivered by Justice Richter, Justices THE STATE OF TEXAS, Appellee O=Neill and Lang-Miers participating. Based on the Court=s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered August 27, 2012. /Martin Richter/ MARTIN RICHTER JUSTICE Comment [COMMENT3]: Judgment - Sent out with Opinion to Internet
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