COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00350-CR
THOMAS KLIMKO APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 4 OF DENTON COUNTY
TRIAL COURT NO. CR-2013-02007-D
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MEMORANDUM OPINION 1
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Appellant’s retained counsel filed a notice of appeal for appellant on
August 27, 2014. The notice of appeal was eight days late, and counsel failed to
file a motion in accordance with rule 10.5(b) providing a reasonable explanation
for the late filing. See Tex. R. App. P. 10.5(b), 26.3. Appellant’s counsel was
disbarred on October 2, 2014. Therefore, we notified appellant of his counsel’s
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See Tex. R. App. P. 47.4.
disbarment––and the late filing––and gave appellant an opportunity to show why
his appeal should not be dismissed. We have not received any response.
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R.
App. P. 43.2(f); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996)
(“When a notice of appeal, but no motion for extension of time, is filed within the
fifteen-day period, the court of appeals lacks jurisdiction to dispose of the
purported appeal in any manner other than by dismissing it for lack of
jurisdiction.”).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: January 22, 2015
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