Richard Karl McCuller v. The State of Texas--Appeal from 202nd District Court of Bowie County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00058-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. 02-F-0520-202

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Richard McCuller appeals from his plea 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.

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. The notice of appeal is untimely, and we are without jurisdiction to hear this case.

We dismiss this appeal for want of jurisdiction.

Jack Carter

Justice

Date Submitted: March 2, 2005

Date Decided: March 3, 2005

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