Austin Spencer Harris v. The State of Texas Appeal from 282nd Judicial District Court of Dallas County (memorandum opinion )
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Dismissed and Opinion Filed February 17, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01497-CR No. 05-16-01498-CR AUSTIN SPENCER HARRIS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F09-16223-S & F09-16224-S MEMORANDUM OPINION Before Justices Bridges, Myers, and Brown Opinion by Justice Bridges Austin Spencer Harris appeals his convictions for aggravated sexual assault of a child younger than fourteen years of age. Because he failed to file a timely notice of appeal in each case, we dismiss. In 2010, after appellant pleaded guilty pursuant to plea agreements with the State, the trial court placed him on deferred adjudication probation for ten years in each case. The State subsequently filed motions to proceed with an adjudication of guilt, alleging appellant violated several conditions of his probation. Appellant pleaded true to the allegations in the State’s motions to adjudicate. On July 6, 2016, the trial court found appellant guilty and assessed punishment at fifteen years in prison in each case. Absent a timely motion for new trial, appellant’s notices of appeal were due August 5, 2016. See TEX. R. APP. P. 26.2(a)(1). Appellant filed his notices of appeal in the trial court on November 21, 2016, outside the thirty-day period allowed by rule 26.2. Because his notices of appeal were untimely, we conclude we lack jurisdiction. We dismiss these appeals. /David L. Bridges/ DAVID L. BRIDGES JUSTICE Do Not Publish TEX. R. APP. P. 47.2 161497F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT AUSTIN SPENCER HARRIS, Appellant No. 05-16-01497-CR On Appeal from the 282nd Judicial District Court, Dallas County, Texas Trial Court Cause No. F09-16223-S. Opinion delivered by Justice Bridges, Justices Myers and Brown participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered February 17, 2017. –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT AUSTIN SPENCER HARRIS, Appellant No. 05-16-01498-CR On Appeal from the 282nd Judicial District Court, Dallas County, Texas Trial Court Cause No. F09-16224-S. Opinion delivered by Justice Bridges, Justices Myers and Brown participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered February 17, 2017. –4–
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