Demorric Antwon Burr v. State ( 2013 )

IN THE
TENTH COURT OF APPEALS
No. 10-13-00252-CR
DEMORRIC ANTWON BURR,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court No. 02-01147-CRF-272
ORDER
Demorric Antwon Burr’s appeal was dismissed on August 8, 2013 for want of
jurisdiction. He has now filed a motion for an out of time appeal asserting that he had
no counsel during the time a notice of appeal could have been filed and had no
knowledge of filing a timely appeal. Burr’s conviction was in December of 2002, almost
11 years ago. We have no jurisdiction of his appeal because it is untimely. See TEX. R.
APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no
jurisdiction where the notice of appeal is untimely). Because we have no jurisdiction of
his appeal, we have no jurisdiction to grant his motion for an out of time appeal.
Accordingly, Burr’s motion for an out of time appeal is dismissed.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion dismissed
Order issued and filed August 22, 2013
Burr v. State Page 2