State v. Juan Carlos Morales ( 2006 )

Dismissed and Memorandum Opinion filed July 27, 2006

Dismissed and Memorandum Opinion filed July 27, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-06-00624-CR

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THE STATE OF TEXAS, Appellant

V.

JUAN CARLOS MORALES, Appellee

On Appeal from County Court at Law No. 1 & Probate Court

Brazoria County, Texas

Trial Court Cause No. 146069

M E M O R A N D U M   O P I N I O N

After a jury trial, appellee was convicted of the offense of running a red light and assessed a fine of $200.00.  The court below found the evidence insufficient and reversed the judgment on May 17, 2006.  The State=s notice of appeal was not filed until June 13, 2006.

The State is entitled to appeal a court=s order in a criminal case as provided by article 44.01 of the Texas Code of Criminal Procedure.  See Tex. R. App. P. 25.2(a)(1).  Pursuant to article 44.01, the State may not appeal later than the fifteenth day after the date on which the order, ruling or sentence to be appealed is entered by the trial court.  See Tex. Code Crim. Proc. Ann. 44.01(d).  Because the State did not file its notice of appeal within fifteen days following the lower court=s order or reversal, we must dismiss the appeal for want of jurisdiction.  See State v. McKinney, 803 S.W.2d 374, 377 (Tex.App.‑Houston [14th Dist.] 1990, no pet.); State v. Rollins, 4 S.W.3d 453, 455 (Tex.App.‑Austin 1999, no pet.).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 27, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).