Sean Reeves v. State ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00417-CR
SEAN REEVES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2010-1205-C1
MEMORANDUM OPINION
Sean Reeves was convicted of the offense of aggravated assault and sentenced to
20 years in prison. See TEX. PENAL CODE ANN. § 22.02 (West 2011). By letter dated
November 7, 2011, the Clerk of this Court notified Reeves that his appeal was subject to
dismissal because his notice of appeal appeared untimely and because the certification
of defendant’s right of appeal also indicated that Reeves waived his right to appeal, and
a document was included with his notice of appeal which indicated Reeves waived his
right to appeal. See TEX. R. APP. P. 25.2(d); 26.2(a)(1). The Clerk also warned Reeves
that the Court would dismiss the appeal unless, within 21 days of the date of the letter,
a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P.
44.3.
Reeves responded1 and indicated that his waiver was unknowingly made and
involuntary but did not address the timeliness of his notice of appeal. Thus, the
response does not present grounds for continuing the appeal.
Accordingly, Reeves appeal is dismissed. Further, Reeves’ motion for extension
of time to file his docketing statement and motion for court appointed counsel are
dismissed as moot.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Motions dismissed as moot
Opinion delivered and filed November 23, 2011
Do not publish
[CR25]
1 The response did not contain a proper proof of service. See TEX. R. APP. P. 9.5. However, we use Rule 2
to dispense with the service requirement and review the response Reeves provided. Id. 2.
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