Charlie Julius Gonzales v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-07-00240-CR

No. 10-07-00390-CR

Charlie Julius Gonzales,

Appellant

v.

The State of Texas,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court Nos. 2002-274-C and 2003-689-C

MEMORANDUM Opinion

Charles Julian Gonzales brings these appeals from orders directing the Department of Criminal Justice to withdraw funds from his inmate trust account for payment of court costs and fees incurred in connection with his felony convictions. These orders were signed on September 19, 2006. Because Gonzales did not file a motion for new trial, any notice of appeal would have been due on or before October 19, 2006. See Tex. R. App. P. 26.2(a)(1). However, Gonzales did not file his notices of appeal until August 2007.

The Clerk of this Court notified Gonzales that these appeals may be dismissed because they were untimely if a response showing grounds for continuing the appeals was not filed within twenty-one days. Gonzales s response does not provide any basis for this Court to exercise jurisdiction. Accordingly, the appeals are dismissed for want of jurisdiction.[1] 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. Waco 2000, pet. ref d).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray concurs with the following note: Chief Justice Gray joins no part or portion of the opinion but recognizes he is bound by stare decisis in the result and therefore concurs only in the judgment. )

Appeals dismissed

Opinion delivered and filed January 9, 2008

Do not publish

[CR25]

[1] Gonzales is not necessarily without a remedy. See In re Keeling, 227 S.W.3d 391 (Tex. App. Waco 2007, orig. petition).