Burnett McKinney v. Texas Department of Criminal Justice/Institutional Division--Appeal from 52nd District Court of Coryell County

NO. 10-90-184-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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BURNETT McKINNEY,

Appellant

v.

TEXAS DEPARTMENT OF CRIMINAL

JUSTICE/INSTITUTIONAL DIVISION,

Appellee

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From 52nd Judicial District Court

Coryell County, Texas

Trial Court # 25,145

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O P I N I O N

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This is an attempted appeal from an order of dismissal signed on July 27, 1990. No motion for a new trial is included in the record. Thus, an appeal bond or an affidavit of inability to pay costs on appeal was due August 26 to perfect the appeal. See Tex. R. App. P. 41(a)(1). No bond or affidavit of inability to pay costs on appeal was timely filed, and no motion for an extension of time within which to perfect the appeal was filed within fifteen days following the due date. Id. at 41(a)(2). The record was due on September 26. Id. at 54(a). The transcript was marked as received in this court on October 25. On November 2, Appellant filed a motion to amend the transcript to include an affidavit of inability to pay costs on appeal and an accompanying affidavit.

Appellant's motion to amend is denied. The attempted appeal is hereby dismissed for want of jurisdiction, as no appeal was properly perfected. Id. at 60(a).

PER CURIAM

Before Chief Justice Thomas

and Justice Vance (Justice

Cummings not participating)

Dismissed

Opinion delivered and filed January 24, 1991

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