Richard Karl McCuller v. The State of Texas--Appeal from 202nd District Court of Bowie County
Annotate this CaseIn The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-05-00057-CR
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RICHARD McCULLER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 202nd Judicial District Court
Bowie County, Texas
Trial Court No. 02F0519-202
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION
Richard McCuller appeals from his verdict of guilty for aggravated sexual assault of a child. See Tex. Pen. Code Ann. 22.021 (Vernon Supp. 2004 2005). The sentence was imposed December 10, 2004. McCuller did not file a motion for new trial. McCuller filed a notice of appeal February 16, 2005.
According to Rule 26.2, McCuller had thirty days after the day sentence was imposed to file a notice of appeal. See Tex. R. App. P. 26.2(a)(1). Therefore, McCuller had until January 10, 2005, to file a notice of appeal. Hence, this appeal is untimely and we are without jurisdiction to hear this case.
We dismiss this appeal for want of jurisdiction.
Donald R. Ross
Justice
Date Submitted: March 2, 2005
Date Decided: March 3, 2005
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