Trimaine McClarty v. State ( 2010 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-10-00310-CR

TRIMAINE MCCLARTY

APPELLANT

V.

THE STATE OF TEXAS

STATE

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FROM THE 362ND DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION[1]

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          On July 26, 2010, appellant filed an untimely second notice of appeal from his December 11, 2008 conviction.[2]  See Tex. R. App. P. 26.2(a).  We informed appellant that the second notice of appeal was untimely and gave him or any other party ten days to respond showing grounds for continuing the appeal.[3]  Appellant filed a response, but it 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 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DO NOT PUBLISH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.

[2]See McClarty v. State, No. 02-09-00370-CR, 2009 WL 5149848 (Tex. App.––Fort Worth Dec. 23, 2009, no pet.) (mem. op., not designated for publication) (dismissing first appeal as untimely).  Mandate has already been issued in the first appeal.

[3]Appellant’s only remedy at this stage of the proceedings is to file a postconviction petition for writ of habeas corpus.  See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).