Harvey Chevalier v. State ( 2004 )


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  • MARY'S OPINION HEADING

                         NO. 12-04-00317-CR

     

    IN THE COURT OF APPEALS


    TWELFTH COURT OF APPEALS DISTRICT


      TYLER, TEXAS


      HARVEY CHEVALIER,                                   §     APPEAL FROM THE 114TH

    APPELLANT


    V.                                                                         §     JUDICIAL DISTRICT COURT OF


    THE STATE OF TEXAS,

    APPELLEE                                                        §     SMITH COUNTY, TEXAS






      MEMORANDUM OPINION

    PER CURIAM

                This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 44.3. Appellant was sentenced on September 2, 2004. Thereafter, on October 1, 2004, Appellant filed a notice of appeal that failed to contain the trial court’s certification as required by Texas Rule of Appellate Procedure 25.2(c)(3)(B).

                On November 1, 2004, Appellant was notified pursuant to Texas Rule of Appellate Procedure 37.1 that the notice of appeal was defective for failure to comply with Rule 25.2(c)(3)(B). He was further notified that unless he filed a corrected notice of appeal on or before November 15, 2004, the appeal would be referred to the court for dismissal. Tex. R. App. P. 42.3.

                The deadline specified in the notice to Appellant has passed, and Appellant has failed to correct his defective notice of appeal. Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3(c).

    Opinion delivered November 17, 2004.

    Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.





    (DO NOT PUBLISH)

Document Info

Docket Number: 12-04-00317-CR

Filed Date: 11/17/2004

Precedential Status: Precedential

Modified Date: 9/10/2015