Robert Ford v. State

IN THE

TENTH COURT OF APPEALS

No. 10-04-00139-CR

Robert Ford,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court # 02-000687-CV-272

MEMORANDUM Opinion

            The trial court signed a judgment on March 22, 2004 ordering the forfeiture of $785.00 in currency seized from Robert Ford in the course of a narcotics investigation.  Ford filed a motion for out-of-time appeal with the Clerk of this Court on June 25, 2004.[1]

          Forfeiture proceedings are governed by the procedural rules applicable to civil trials and appeals generally.  Hardy v. State, 50 S.W.3d 689, 692 (Tex. App.—Waco 2001), aff’d, 102 S.W.3d 123 (Tex. 2003). Accordingly, Ford’s notice of appeal was due on April 21.  See Tex. R. App. P. 26.1(a).

          The Clerk of this Court notified the parties that the notice of appeal is untimely and that the appeal would be dismissed for want of jurisdiction if a response showing grounds for continuing the appeal was not filed within ten days.  Ford has not filed a response stating a basis for this Court to exercise jurisdiction. The State has filed a motion to dismiss the appeal.

This Court has no authority to grant an out-of-time appeal.  Accordingly, Ford’s motion for out-of-time appeal is denied, the State’s motion is granted, and the appeal is dismissed.  Id. 42.3(a).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed August, 18, 2004

[CR25]

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[1]           This is the date of mailing.  See Tex. R. App. P. 9.2(b).