BRUCE BERNARD ANDERS v. THE STATE OF TEXAS

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Court of Appeals of Texas, Dallas.

BRUCE BERNARD ANDERS, Appellant v. THE STATE OF TEXAS, Appellee

No. 05–12–00009–CR

Decided: January 12, 2012

Before Justices Moseley, FitzGerald, and Richter

MEMORANDUM OPINION

Opinion By Justice Moseley

On February 28, 1993, Bruce Bernard Anders was convicted of aggravated sexual assault of a child and sentenced to thirty-eight years' imprisonment.   That conviction was affirmed.   See Anders v. State, No. 05–93–00346–CR (Tex.App.—Dallas Feb. 21, 1997, pet. ref'd) (not designated for publication).   In November 2011, appellant filed an “out-of-time motion for new trial,” and on December 9, 2011, he filed a notice of appeal from the judgment of conviction and sentence.   The December 9, 2011 notice of appeal is untimely as to the February 28, 1993 sentencing date, see Tex.R.App. P. 26.2(a)(1), leaving us without jurisdiction over the appeal.   See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998) (per curiam).

We dismiss the appeal for want of jurisdiction.

Tex.R.App. P. 47

120009F.U05

JIM MOSELEY JUSTICE

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