Ponitha Benton Shields v. Texas Department of Criminal Justice

Shields v. TDCJ

NO. 10-90-177-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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          PONITHA BENTON SHIELDS,

                                                                                            Appellant

          v.

          TEXAS DEPARTMENT OF CRIMINAL

          JUSTICE

                                                                                            Appellee

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From 52nd Judicial District Court

Coryell County, Texas

Trial Court #25,350

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MEMORANDUM OPINION

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          This is an appeal from an order of dismissal signed on October 5, 1990. The transcript, received in this court on October 25, does not include a motion for a new trial. See Tex. R. App. P. 54(a). Thus, to perfect the appeal, an appeal bond or affidavit of inability to pay costs on appeal was due November 4. Id. at 41(a)(1). No appeal bond or affidavit was filed. An affidavit of inability to pay costs was filed in the trial court with the original petition, but no such affidavit was filed to perfect the appeal. See id. at 40(a)(3). No motion for an extension of time in which to perfect an appeal by filing an affidavit of inability to pay costs was filed. Id. at 41(a)(2).

          The attempted appeal is dismissed for want of jurisdiction. Id. at 60(a).

                                                                                 PER CURIAM

Before Chief Justice Thomas and Justice Vance

         (Justice Cummings not participating)

Dismissed

Opinion delivered and filed January 31, 1991

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