Benjamin Wayne McCoin v. The State of Texas--Appeal from 102nd District Court of Red River County
Annotate this CaseIn The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-04-00003-CR
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BENJAMIN WAYNE MCCOIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 102nd Judicial District Court
Red River County, Texas
Trial Court No. 76-CR-10-99
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Benjamin Wayne McCoin has filed a document with this Court which constitutes an attempt to appeal from his conviction. Although the language he used could refer to a number of legal remedies, the document constitutes, in effect, a brief arguing that the 102nd Judicial District Court entered an unlawful sentence and asks this Court to order the attorney general's office to file a brief and to then review his conviction. We will treat the document as a notice of appeal.
The information which McCoin has provided demonstrates he is attempting to again appeal from the conviction which this Court reviewed in McCoin v. State, 56 S.W.3d 609 (Tex. App. Texarkana 2001, no pet.).
Deeming this as a notice of appeal, it is far outside the ninety day time period during which a notice of appeal may be filed. See Tex. R. App. P. 26.2(a). Accordingly, we have no jurisdiction over the attempted appeal.
We dismiss the appeal for want of jurisdiction.
Josh R. Morriss, III
Chief Justice
Date Submitted: January 6, 2004
Date Decided: January 7, 2004
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