Sammie Lee McGilvery v. The State of Texas--Appeal from 66th District Court of Hill County

IN THE

TENTH COURT OF APPEALS

No. 10-01-405-CR

SAMMIE LEE McGILVERY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 66th District Court

Hill County, Texas

Trial Court # 31,879

MEMORANDUM OPINION

Sammie Lee McGilvery pleaded nolo contendere to burglary of a habitation without the benefit of a plea recommendation. A jury assessed McGilvery s punishment at thirty years imprisonment. McGilvery filed a notice of appeal more than 120 days after pronouncement of sentence. Thus, his notice of appeal is untimely. See Tex. R. App. P. 26.2(a)(1). Because McGilvery did not timely file his notice of appeal, we lack jurisdiction over the appeal. State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000); Fowler v. State, 16 S.W.3d 426, 428 (Tex. App. Waco 2000, pet. ref d). Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of jurisdiction

Opinion delivered and filed January 23, 2002

Do not publish

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