Linda Polley v. State ( 2007 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00395-CR

Linda Polley,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 66th District Court

Hill County, Texas

Trial Court No. 34,248

MEMORANDUM  Opinion

          Appellant filed her notice of appeal 123 days[1] after the court imposed sentence. Therefore, even though appellant filed a motion for new trial, the notice of appeal is untimely.  See Tex. R. App. P. 26.2(a)(2).  Accordingly, the appeal is dismissed for want of jurisdiction.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Fowler v. State, 16 S.W.3d 426, 428 (Tex. App.—Waco 2000, pet. ref=d).

                                                                             PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray would give notice to the defendant that we question our jurisdiction and give the defendant an opportunity to respond before summarily dismissing the appeal.  Nevertheless, the result appears inevitable.)

Appeal dismissed

Opinion delivered and filed January 17, 2007

Do not publish

[CR25]

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[1]           Based on the date indicated in the certificate of service.  See Tex. R. App. P. 9.2(b).