Sean Darrell Brown v. The State of Texas--Appeal from 51st District Court of Tom Green County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-95-00585-CR
NO. 03-95-00586-CR
Sean Darrell Brown, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT
NOS. A-94-0403-S & A-95-0304-S, HONORABLE DICK ALCALA, JUDGE PRESIDING

PER CURIAM

 

These are appeals from judgments of conviction for delivery and possession of cocaine. Sentence was imposed in each cause on August 22, 1995. Notices of appeal were filed one day late, on September 22. Tex. R. App. P. 41(b)(1). No extension of time for filing the notices of appeal was requested. Tex. R. App. P. 41(b)(2). There is nothing in the record to indicate that the notices of appeal were properly mailed to the district clerk within the time prescribed by rule 41(b)(1). Tex. R. App. P. 4(b).

Appellant's attorney has filed motions to permit the late filing of the notices of appeal. In the motions, counsel states that he simply miscalculated the thirty-day time limit for perfecting the appeals.

We are generally authorized to suspend the requirements of the appellate rules for good cause. Tex. R. App. P. 2(b). Rule 2(b) does not, however, authorize us to suspend the appellate time limits. Garza v. State, 896 S.W.2d 192 (Tex. Crim. App. 1995). Appellant's motions for late filing of notice of appeal are accordingly overruled. Appellant's motion to use the same statement of facts in both causes is dismissed.

Without timely filed notices of appeal, this Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). Appellant must await this Court's mandates of dismissal, after which he may file post-conviction applications for writ of habeas corpus seeking out-of-time appeals. Tex. Code Crim. Proc. Ann. art. 11.07, 2 (West Supp. 1995).

The appeals are dismissed.

 

Before Justices Powers, Aboussie and Kidd

Dismissed for Want of Jurisdiction on Both Causes

Filed: November 22, 1995

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