In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-01-00160-CR ______________________________
REGINALD JERMAINE MILES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 183rd Judicial District Court Harris County, Texas Trial Court No. 856700
Before Cornelius, C.J., Grant and Ross, JJ. Opinion by Chief Justice Cornelius
O P I N I O N
Reginald Miles has appealed from his conviction on his plea of guilty without a plea bargain for the offense of theft. He was sentenced to ten years' imprisonment and a $5,000.00 fine. The clerk's record was filed on October 4, 2001, and the reporter's record was filed on December 11, 2001. The brief was thus due on January 10, 2002.
On December 11, we sent a letter to Mike Glover, the retained attorney who represented Miles at trial, reminding him that the appellate brief was due. Thirty days later, Glover faxed a response to this office in which he states that he was retained by Miles only for trial. Glover states that on the day of sentencing Miles informed him that he had hired another attorney. Glover states that he then asked the trial court for permission to withdraw, and that his motion was denied. The notice of appeal was signed by attorney George Real III. We also contacted his office, and he disclaimed any knowledge of the case.
Because of the apparent confusion, we abated this case to the trial court with directions to conduct a hearing and determine whether Miles was represented by counsel, and also to determine whether Miles wished to continue his appeal.
The hearing has been conducted, with both attorneys in attendance. Miles was brought before the court, and after being questioned by the court, he stated that he had discussed the situation with both attorneys, and that he no longer wished to pursue his appeal. He formally requested at that time that the Court of Appeals allow him to withdraw his appeal.
His request is granted.
The appeal is dismissed.
William J. Cornelius
Chief Justice
Date Submitted: February 21, 2002
Date Decided: February 21, 2002
Do Not Publish
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-10-00046-CV
______________________________
IN THE INTEREST OF P.D.D., A CHILD
On Appeal from the 5th Judicial District Court
Bowie County, Texas
Trial Court No. 93D1350-005
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Vickey McAllister has filed a notice of appeal from an order involving, among other things, an award of child support. On July 28, 2010, we mailed a letter to appellants counsel requesting that counsel show this Court how we had jurisdiction over this appeal regarding the untimely filing of the notice of appeal. The order on child support was signed February 11, 2010, and a timely motion for new trial was filed, but the notice of appeal was not filed until June 7, 2010. The notice of appeal was due to be filed within ninety days after the judgment was signed, no later than May 12, 2010. Tex. R. App. P. 26.1(a). In the absence of a timely notice of appeal, we have no jurisdiction to hear the appeal.
In our letter, we directed counsel to show this Court how we had jurisdiction and informed him that if no response was received by August 9, 2010, the appeal would be dismissed for want of jurisdiction. It is now August 11, 2010, and no response has been received.
We dismiss the appeal for want of jurisdiction.
Jack Carter
Justice
Date Submitted: August 11, 2010
Date Decided: August 12, 2010