Charles Leamond Braley v. The State of Texas--Appeal from 124th District Court of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00171-CR

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CHARLES LEAMOND BRALEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 32211-B

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

On October 18, 2004, Charles Leamond Braley pled guilty to the charge of possession with intent to deliver a controlled substance in penalty group 1, more than four grams, but less than 200 grams, habitual offender. The record reflects that on October 18, 2004, after announcing ready for trial, Braley advised the trial court he wished to plead guilty and have the court assess punishment. The trial court then took up this cause, as well as two other cases pending against Braley, one for unlawful possession of firearm by felon, habitual offender (No. 06-04-00169-CR, decided December 21, 2004), and one for escape, habitual offender (No. 06-04-00170-CR, decided December 21, 2004). Braley waived a jury trial, and the trial court sentenced him to twenty-five years' imprisonment on each case, to be served concurrently.

The record bears no indication that a motion for new trial was ever filed. On December 10, 2004, Braley, through different counsel than the one noted in the trial judgment, filed a notice of appeal. The notice of appeal was not timely filed. See Tex. R. App. P. 26.2. This Court, therefore, lacks jurisdiction to hear this case. Accordingly, we dismiss the appeal for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: December 20, 2004

Date Decided: December 21, 2004

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