Bradwick Levert Holt v. State










In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana


______________________________


No. 06-05-00278-CR

______________________________



BRADWICK LEVERT HOLT, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee



                                              


On Appeal from the County Court

Lamar County, Texas

Trial Court No. 49474



                                                 




Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss



MEMORANDUM OPINION


            A jury convicted Bradwick Levert Holt of failure to identify, fugitive from justice. See Tex. Pen. Code Ann. § 38.02 (Vernon Supp. 2005). As charged in this case, that offense is a Class B misdemeanor. See id. The trial court assessed Holt's punishment at sixty days' confinement in the county jail and no fine. The court imposed Holt's sentence September 7, 2005. Holt timely filed a motion for new trial October 5, 2005. Holt filed his notice of appeal December 19, 2005.

            To perfect an appeal in a criminal case, the notice of appeal must be filed "within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial." Tex. R. App. P. 26.2. Holt's notice of appeal was not filed until 103 days after the date on which the trial court imposed Holt's sentence. Holt's notice of appeal was, therefore, untimely by thirteen days, and it cannot serve to invoke this Court's jurisdiction.

            Accordingly, we dismiss the appeal for want of jurisdiction.

 

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice


Date Submitted:          January 30, 2006

Date Decided:             January 31, 2006


Do Not Publish


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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

 

                                                ______________________________

 

                                                             No. 06-10-00042-CR

                                                ______________________________

 

 

                              CALVIN WAYNE BURNHAM, Appellant

 

                                                                V.

 

                                     THE STATE OF TEXAS, Appellee

 

 

                                                                                                  

 

 

                                       On Appeal from the 123rd Judicial District Court

                                                             Panola County, Texas

                                                       Trial Court No. 2005-C-0005

 

                                                                                                   

 

 

 

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                              Memorandum Opinion by Justice Carter


                                                     MEMORANDUM  OPINION

 

            Calvin Wayne Burnham appeals from his convictions by the trial court on four charges of aggravated sexual assault of a child and four charges of indecency with a child.  Burnham has filed a single brief, in which he raises issues common to all of his appeals.[1]  He argues that the trial court committed reversible error in considering evidence from a previous revocation hearing when granting the State’s second amended motion to adjudicate guilt and in admitting the results of a polygraph examination.  Burnham also complains that the evidence was insufficient to establish that he violated any conditions of his community supervision.

            We addressed these issues in detail in our opinion of this date on Burnham’s appeal in cause number 06-10-00038-CR.  For the reasons stated therein, we likewise conclude that reversible error has not been shown in this case.

            We affirm the trial court’s judgment.

 

 

                                                                        Jack Carter

                                                                        Justice

 

Date Submitted:          December 14, 2010

Date Decided:             December 15, 2010

 

Do Not Publish



[1]Burnham appeals from four convictions of aggravated sexual assault of a child and four convictions of indecency with a child, cause numbers 06-10-00038-CR through 06-10-00045-CR.