Robert William Auler v. State ( 1994 )

Auler v. State

IN THE

TENTH COURT OF APPEALS

No. 10-94-037-CR

     ROBERT WILLIAM AULER,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 19906CR

MEMORANDUM OPINION

      Appellant was convicted by a jury of sexual assault and was sentenced to four years in prison on September 28, 1993. The record contains no motion for new trial. Appellant filed an untimely notice of appeal on March 4, 1994. According to the docket sheet contained in the transcript, the trial court attempted to grant Appellant an out-of-time appeal also on March 4.       We are unable to find any authority allowing the trial court to grant an extension of time for filing a notice of appeal. We have no jurisdiction to entertain such a motion. Even if we were to consider such a mtion, our jurisdiction to do so has expired. See Tex. R. App. P. 41(b); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim App. 1993). Thus, the appeal is dismissed for want of jurisdiction. See id.

                                                                          PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed May 4, 1994

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      More than two years have passed since Respondent denied Wise’s motions for a free record. Wise offers no explanation for his delay in seeking mandamus relief. Accordingly, we conclude that his petition is barred by laches. See Callahan, 137 Tex. at 576, 155 S.W.2d at 796; see also Rivercenter Assocs., 858 S.W.2d at 367.

                                                                   PER CURIAM

Before Chief Justice Davis

      Justice Vance and

      Justice Gray

Petition denied

Opinion delivered and filed July 12, 2000

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