Walter Diaz v. State ( 2010 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-10-00336-CR

WALTER DIAZ

APPELLANT

V.

THE STATE OF TEXAS

STATE

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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION[1]

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          Appellant filed a notice of appeal challenging his conviction and probated sentence for unauthorized use of a motor vehicle.  The trial court sentenced appellant on April 29, 2010, and appellant filed a timely motion for new trial.  Accordingly, appellant’s notice of appeal was due July 28, 2010.  See Tex. R. App. P. 26.2(a)(2).  Appellant did not file a notice of appeal until August 11, 2010, and he did not file a timely motion to extend time to file the notice of appeal.  See Tex. R. App. P. 26.3.  Appellant’s counsel responded to a prior inquiry regarding the trial court’s certification, but he did not respond to our inquiry regarding the late notice of appeal.  Nevertheless, his response regarding the certification does not show grounds for continuing the appeal.

          Accordingly, we dismiss this appeal for want of jurisdiction.  See Tex. R. App. P. 43.2(f); Olivo v. State, 918 S.W.2d at 519, 522–23 (Tex. Crim. App. 1996).

                                                                             PER CURIAM

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  October 28, 2010

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[1]See Tex. R. App. P. 47.4.