Michael A. Domingue v. The State of Texas--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-93-272-CR

MICHAEL A. DOMINGUE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 13,118

MEMORANDUM OPINION

After a plea agreement, Appellant Domingue pled guilty on November 8, 1993, to the offense of aggravated assault on a correctional officer and was sentenced the same day to seven years in prison. No motion for new trial was filed by Appellant. He filed an untimely general notice of appeal on December 28. The notice of appeal did not specify any matter which had been raised by written motion and ruled on before trial and nothing in the record indicates that the trial court had granted Appellant permission to appeal. Appellant has stated no basis for the appeal in his notice. See Tex. R. App. P. 40(b)(1). The State filed a motion to dismiss the appeal.

When a notice of appeal is timely filed, the court of appeals obtains jurisdiction. Jones v. State, 796 S.W.2d 183, 186 (Tex. Crim. App. 1990). However, rule 40(b)(1) is a restrictive rule which regulates the extent of the grounds upon which a defendant can appeal.

Because his notice of appeal was untimely and does not conform to the requirements of Rule 40, we grant the State's motion and dismiss the appeal. See Lyon v. State, No. 94-01-003 (Tex. Crim. App. January 13, 1993); Jones, 796 S.W.2d 186-87; Tex. R. App. P. 40(b)(1).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed February 2, 1994

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