John Melton v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-07-00322-CR

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John Melton, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT

NO. 97-921-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

In April 2003, John Melton was convicted of aggravated assault. On May 11, 2007, Melton filed a pro se notice of appeal. The notice of appeal is not timely and does not invoke the Court's jurisdiction. See Tex. R. App. P. 26.2(a); Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). In any event, the conviction was previously affirmed on appeal. Melton v. State, No. 03-03-00258-CR (Tex. App.--Austin Oct. 23, 2003, no pet.). The appeal is dismissed.

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Diane Henson, Justice

Before Chief Justice Law, Justices Puryear and Henson

Dismissed for Want of Jurisdiction

Filed: July 31, 2007

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