Jeremiah Kenneth Hindman v. State ( 2015 )


Menu:
  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-15-00447-CR
    Jeremiah HINDMAN,
    Appellant
    v.
    The STATE of Texas
    From the 226th Judicial District Court, Bexar County, Texas
    Trial Court No. 2013CR11519
    Honorable Sid L. Harle, Judge Presiding
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Luz Elena D. Chapa, Justice
    Jason Pulliam, Justice
    Delivered and Filed: July 29, 2015
    DISMISSED FOR LACK OF JURISDICTION
    The trial court imposed sentence on June 2, 2014, and Jeremiah Hindman did not file a
    motion for new trial. The deadline for filing a notice of appeal was therefore July 2, 2014. TEX. R.
    APP. P. 26.2(a)(1). A notice of appeal was not filed until June 3, 2015.
    Because the notice of appeal in this case was not timely filed, we lack jurisdiction to
    entertain the appeal. See Slaton v. State, 
    981 S.W.2d 208
    , 210 (Tex. Crim. App. 1998) (holding
    that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits
    of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules
    to alter time for perfecting appeal); Olivo v. State, 
    918 S.W.2d 519
    , 522 (Tex. Crim. App. 1996);
    04-15-00447-CR
    see also Ater v. Eighth Court of Appeals, 
    802 S.W.2d 241
    (Tex. Crim. App. 1991) (explaining that
    writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs
    out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for lack of
    jurisdiction.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-15-00447-CR

Filed Date: 7/29/2015

Precedential Status: Precedential

Modified Date: 7/30/2015