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

IN THE

TENTH COURT OF APPEALS

No. 10-01-329-CR

MICHAEL J. CLARKE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 15,817

MEMORANDUM OPINION

Pursuant to a plea bargain, Michael Clarke pled true to allegations that he violated the terms and conditions of his probation for felony DWI. The trial court followed the plea bargain agreement and sentenced him to three years in prison. Clarke did not file a motion for a new trial. Almost six months later, Clarke filed a pro-se notice of appeal in the trial court. The notice asserted that (1) the appeal was for jurisdictional defects, and (2) the trial court gave permission to appeal.

We note that Clarke filed a Waiver of Appeal before his revocation hearing. However, in addition, his notice of appeal was untimely filed. Tex. R. App. P. 26.2. Therefore, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed January 9, 2002

Do not publish

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