Arthur Thomas Mayes, Appellant v. The State of Texas, Appellee

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Court of Appeals of Texas, San Antonio.

Arthur Thomas Mayes, Appellant v. The State of Texas, Appellee

No. 04–14–00616–CR

Decided: November 26, 2014

Sitting: Catherine Stone, Chief Justice, Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice


On July 15, 2014, Appellant Arthur Mayes was convicted of the offense of assault causing serious bodily injury in cause number 2013–CR–2601 A. Mayes entered a plea of nolo contendere, and the trial court assessed punishment at thirty-five years' confinement in the Institutional Division of the Texas Department of Criminal Justice.

On September 3, 2014, the district clerk filed a notification of late record indicating the record was not filed because Mayes had not filed a notice of appeal.   The record does not contain a written notice of appeal.   Although the record indicates that Mayes filed a motion for leave to file a late notice of appeal, Texas Rule of Appellate Procedure 25.2(c) requires notice of appeal “be given in writing and filed with the trial court clerk.”  Tex. R.App. P roc. 25.2(c).

On October 13, 2014, this court issued an order directing Mayes to show cause in writing, within fifteen days of the date of the order, why the appeal should not be dismissed for want of jurisdiction.   We warned that if Appellant failed to show cause within the time provided, the appeal would be dismissed.   See Tex.R.App. P. 43.2(f).

No response was filed.   This appeal is dismissed for want of jurisdiction.


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