SHAUN FITZPATRICK v. THE STATE OF TEXAS

Reset A A Font size: Print

Court of Appeals of Texas, Waco.

SHAUN FITZPATRICK, Appellant v. THE STATE OF TEXAS, Appellee

No. 10-16-00341-CR

Decided: October 26, 2016

Before Chief Justice Gray, Justice Davis, and Justice Scoggins

MEMORANDUM OPINION

Shaun Fitzpatrick appeals the trial court's judgment of conviction which he contends was signed on May 4, 2016. Fitzpatrick was required to file a notice of appeal within 30 days of the date he was sentenced in open court. See TEX. R. APP. P. 26.2(a)(1). His notice of appeal filed here on October 20, 2016 is untimely. We have no jurisdiction of an untimely appeal, and this appeal must be dismissed. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).

Accordingly, this appeal is dismissed. 1

FOOTNOTES

1.   A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after either the day this Court's judgment was rendered or the day the last timely motion for rehearing was overruled by this Court. See TEX. R. APP. P. 68.2(a).

TOM GRAY Chief Justice