Derrick Wayne Jackson v. State

Derrick Wayne Jackson v. The State of Texas

IN THE

TENTH COURT OF APPEALS

No. 10-98-327-CR

     DERRICK WAYNE JACKSON,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 97-947-C

                                                                                                                

MEMORANDUM OPINION

                                                                                                                

      Appellant Derrick Wayne Jackson pleaded guilty to the offense of murder. See Tex. Pen. Code Ann. § 19.02 (Vernon 1994). On May 21, 1998, the court sentenced Jackson to twenty-five years’ imprisonment, pursuant to the State’s plea recommendation.

      Jackson did not file a motion for new trial. His pro se notice of appeal is postmarked June 25, thirty-five days after the court imposed his sentence. Thus, his notice of appeal is untimely. See Tex. R. App. P. 26.2(a)(1); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993). Because Jackson did not timely file his notice of appeal, we lack jurisdiction over the appeal. Id. Accordingly, we dismiss the appeal for want of jurisdiction.

                                                                               PER CURIAM

Before Chief Justice Davis,

            Justice Cummings, and

            Justice Vance

Dismissed for want of jurisdiction

Opinion delivered and filed October 28, 1998

Do not publish

pt;font-family:"CG Times"'>Texas

Trial Court # 01-230-B

 

MEMORANDUM  Opinion

 

          Appellant filed a motion to dismiss the appeal in the above cause.  It complies with the appropriate appellate rule.  Tex. R. App. P. 42.1(a)(1).

          The appeal is dismissed, and costs are taxed against Appellant.  Tex. R. App. P. 42.1(d).

 

                                                                   TOM GRAY

                                                                   Chief Justice

 

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed September 22, 2004

[CV06]