Timothy Wayne Ryan v. State ( 2007 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-07-00082-CR ______________________________



TIMOTHY WAYNE RYAN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 276th Judicial District Court Titus County, Texas Trial Court No. 15,115

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Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

   Timothy Wayne Ryan was convicted by a Titus County jury of murder and aggravated assault with a deadly weapon. In trial court cause number 15,114 (our cause number 06-07-00081-CR), Ryan was charged with murder; in trial court cause number 15,115 (our cause number 06-07-00082-CR), Ryan was charged with aggravated assault with a deadly weapon. The jury assessed punishment at ninety-nine years' incarceration for each conviction, to run concurrently.

Because the issues raised in each appeal are identical, for the reasons stated in our opinion dated this day in Ryan v. State, cause number 06-07-00081-CR, we affirm the judgment of the trial court.

Bailey C. Moseley

Justice

Date Submitted: November 1, 2007

Date Decided: November 21, 2007

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y. The court set punishment, pursuant to a negotiated plea agreement, at ten years' imprisonment and no fine. Martinez appeals.

            The record does not include any certification by the trial court of Martinez's right of appeal as required by Tex. R. App. P. 25.2(a)(2). We noted this defect, and contacted trial counsel and Martinez by letter sent on September 4, 2003, warning of this defect, and also warning that, if we did not receive a certification within thirty days, pursuant to Tex. R. App. P. 25.2(d), 37.1, we would be required to dismiss the appeal.

            There has been no response.

            We dismiss the appeal.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          November 3, 2003

Date Decided:             November 4, 2003

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