Juan Gerardo Moreno v. The State of Texas--Appeal from 368th District Court of Williamson County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-91-480-CR
JUAN GERARDO MORENO,

APPELLANT

vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL
DISTRICT
NO. 91-034-K368, HONORABLE BURT CARNES, JUDGE PRESIDING

PER CURIAM

Juan Gerardo Moreno seeks to appeal from a judgment of conviction for aggravated possession of marihuana. The punishment is imprisonment for fifty years and a $5000 fine.

The State has filed a motion to dismiss. It its motion, the State correctly points out that appellant did not timely file his notice of appeal. Sentence was imposed in open court on September 3, 1991. No motion for new trial was filed. Notice of appeal was not filed until October 18, 1991. See Tex. R. App. P. Ann. 41(b)(1) (Pamph. 1992).

Without a timely filed notice of appeal, this Court is without jurisdiction. Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). The motion to dismiss is granted.

The appeal is dismissed.

 

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Dismissed for Want of Jurisdiction on State's Motion

Filed: March 4, 1992

[Do Not Publish]