Oscar Ramon Perez v. The State of Texas--Appeal from 25th Judicial District Court of Guadalupe County

MEMORANDUM OPINION
No. 04-06-00767-CR
Oscar Ramon PEREZ,

Appellant
v.
The STATE of Texas,

Appellee

From the 25th District Court, Guadalupe County , Texas

Trial Court No. 03-0548-CR

Honorable Dwight E. Peschel, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: January 31, 2007

DISMISSED FOR LACK OF JURISDICTION

A notice of appeal must be filed within thirty days after the judgment. Tex. R. App. P. 26.2. Appellant pled guilty to aggravated assault with a deadly weapon, and punishment was imposed on July 12, 2004. Thus, appellant's notice of appeal was due August 11, 2004. Appellant filed a notice of appeal on November 3, 2006, complaining of an order dated October 18, 2006, directing that $1,278.00 be deducted from appellant's trust account for the payment of court costs, fees and/or fines. In his notice of appeal, appellant contends these costs, fees, and/or fines were not made a part of his original conviction. However, the judgment states that appellant "be punished by confinement in the Institutional Division of the Texas Department of Criminal Justice for the period indicated above, and that the State of Texas do have and recover of the Defendant all costs of the prosecution...." The judgment states the amount of costs to be $1,278.00. Accordingly, because it appeared appellant's notice of appeal, filed over two years after the judgment, is not timely, this court ordered appellant to show cause why this appeal should not be dismissed for want of jurisdiction. No response has been filed. We therefore dismiss the appeal for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH