Bruce Elliott Gipson v. The State of Texas--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-04-00199-CR

Bruce Elliott Gipson,

Appellant

v.

The State of  Texas,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 27523CR

MEMORANDUM Opinion

  Appellant filed his notice of appeal 123 days after the court imposed sentence. Therefore, even though appellant filed a motion for new trial, the notice of appeal is untimely. See Tex. R. App. P. 26.2(a)(2). Accordingly, the appeal is dismissed for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Fowler v. State, 16 S.W.3d 426, 428 (Tex. App.CWaco 2000, pet. ref=d).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed September 1, 2004

Do not publish

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