Donald Ray Evans v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

_______________

No. 10-04-00145-CR

DONALD RAY EVANS,

Appellant

v.

  THE STATE OF  TEXAS,

Appellee

_____________________

From the 54th District Court

  McLennan County,  Texas

Trial Court No. 2004-490-C

MEMORANDUM Opinion

Donald Ray Evans seeks to appeal a narcotics conviction. However, he filed his motion for new trial at least forty days after imposition of sentence and his notice of appeal forty-nine days after imposition of sentence.[1] Because Evans s motion for new trial was untimely, the notice of appeal was untimely. See Portley v. State, 89 S.W.3d 188, 189 (Tex.App. Texarkana 2002, no pet.); Tex. R. App. P. 26.2(a). Accordingly, the appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed August 18, 2004

[CR25]

[1] The court imposed sentence on May 12, 2004. The certificate of service on the motion for new trial recites that Evans served a copy on counsel for the State on June 22. The motion bears a stamp indicating that it was received by the trial court on June 22 and a file-stamp indicating that it was docketed by the district clerk on June 30. Evans filed his notice of appeal with the district clerk on June 30.