Milton Lee Gardner v. The State of TexasAppeal from Mexia Municipal Court of Limestone County (memorandum opinion by chief justice gray)

 Annotate this Case
Download PDF
IN THE TENTH COURT OF APPEALS No. 10-13-00346-CR No. 10-13-00347-CR No. 10-13-00348-CR No. 10-13-00349-CR No. 10-13-00350-CR No. 10-13-00351-CR No. 10-13-00352-CR No. 10-13-00353-CR MILTON LEE GARDNER, Appellant v. THE STATE OF TEXAS, Appellee From the Mexia Municipal Court Limestone County, Texas Trial Court Nos. 112618, 112619, 130068, 130979, 131012, 131018, 131019, and 131162 MEMORANDUM OPINION Milton Lee Gardner filed notices of appeal with this Court on October 4, 2013 regarding eight separate traffic offenses to which he pled guilty in the municipal court in July of 2013. Even if this Court had jurisdiction of direct appeals of traffic offenses, which we do not, see TEX. CODE CRIM. PROC. ANN. arts. 4.03; 45.042(a) (West 2006 & Supp. 2012) (generally, appeals from a justice or municipal court are to the county court, not the court of appeals), we have no jurisdiction because Gardner s notices of appeal are untimely. See TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no jurisdiction where the notice of appeal is untimely). Accordingly, these appeals are dismissed.1 TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeals dismissed Opinion delivered and filed October 17, 2013 Do not publish [CR25] A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by the Court of Criminal Appeals, a petition for discretionary review must be filed in the Court of Criminal Appeals within 30 days after either the day the Court of Appeals judgment was rendered or the day the last timely motion for rehearing was overruled by the Court of Appeals. TEX. R. APP. P. 68.2(a). 1 Gardner v. State Page 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.