Patrick Heaney v. The State of Texas Appeal from 416th Judicial District Court of Collin County (memorandum opinion)
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Dismissed and Opinion Filed October 2, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00931-CV PATRICK HEANEY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-82059-2012 MEMORANDUM OPINION Before Justices Francis, Myers, and Whitehill Opinion by Justice Whitehill This is an appeal from the trial court's March 3, 2017 order to withdraw funds from appellant's inmate trust account. The notice of appeal was due June 1, 2017 based on a timelyfiled motion to modify, but the appeal was not filed until August 8, 2017. See Tex. R. App. P. 26.1(a). At our request, the parties filed letter briefs addressing our jurisdiction. See id. 25.1(b); Chilkewitz v. Winter, 25 S.W.3d 382, 382 (Tex. App.—Fort Worth 2000, no pet.) (per curiam) (timely filing of notice of appeal is jurisdictional). However, appellant has not shown that we have jurisdiction over this appeal. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3; Chilkewitz, 25 S.W.3d at 382. /Bill Whitehill/ BILL WHITEHILL JUSTICE 170931F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT PATRICK HEANEY, Appellant No. 05-17-00931-CV On Appeal from the 416th Judicial District Court, Collin County, Texas Trial Court Cause No. 416-82059-2012. Opinion delivered by Justice Whitehill. Justices Francis and Myers participating. V. THE STATE OF TEXAS, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered October 2, 2017. –2–
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