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11th Court of Appeals
Eastland, Texas
Opinion
Rolando Margarito Menaruiz
Appellant
Vs. No. 11-03-00064-CR B Appeal from Dallas County
State of Texas
Appellee
This is an appeal from a judgment adjudicating guilt. Appellant originally entered a plea of guilty to the offense of aggravated kidnapping. Pursuant to the plea bargain agreement, the trial court deferred the adjudication of guilt, placed appellant on community supervision for 5 years, and assessed a $300 fine. After a hearing on the State=s motion to adjudicate, the trial court found that appellant had violated the terms and conditions of his community supervision by committing a subsequent offense of kidnapping, adjudicated his guilt, and imposed a sentence of confinement for 60 years. We dismiss the appeal for want of jurisdiction.
The trial court imposed the sentence on October 4, 2002. Appellant filed a pro se notice of appeal on December 26, 2002, 83 days after the date sentence was imposed. A motion for new trial was not filed. Appellant has failed to timely perfected an appeal. TEX.R.APP.P. 26.2 & 26.3. Absent a timely notice of appeal, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App.1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App.1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App.1988).
The appeal is dismissed for want of jurisdiction.
PER CURIAM
March 6, 2003
Do not publish. See TEX.R.APP.P. 47.2(b).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.
Document Info
Docket Number: 11-03-00064-CR
Filed Date: 3/6/2003
Precedential Status: Precedential
Modified Date: 9/10/2015