IN THE
TENTH COURT OF APPEALS
No. 10-16-00341-CR
SHAUN FITZPATRICK,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 361st District Court
Brazos County, Texas
Trial Court No. 13-02709-CRF-361
MEMORANDUM OPINION
Shaun Fitzpatrick appeals the trial court’s judgment of conviction which he
contends was signed on May 4, 2016. Fitzpatrick was required to file a notice of appeal
within 30 days of the date he was sentenced in open court. See TEX. R. APP. P. 26.2(a)(1).
His notice of appeal filed here on October 20, 2016 is untimely. We have no jurisdiction
of an untimely appeal, and this appeal must be dismissed. Olivo v. State, 918 S.W.2d 519,
522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).
Accordingly, this appeal is dismissed. 1
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and October 26, 2016
Do not publish
[CR25]
1A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See TEX.
R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for
discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after
either the day this Court’s judgment was rendered or the day the last timely motion for rehearing was
overruled by this Court. See TEX. R. APP. P. 68.2(a).
Fitzpatrick v. State Page 2
Shaun Fitzpatrick v. State
Combined Opinion