Robert Lee Morrison v. State ( 2003 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Robert Lee Morrison

Appellant

Vs.       Nos. 11-03-00042-CR, 11-03-00043-CR, & 11-03-00044-CR B Appeals from Dallas County

State of Texas

Appellee

Appellant has filed in this court a motion for an out-of-time appeal in each case. Appellant has attached to each motion his affidavit stating that neither the trial court nor his trial counsel explained that he had 30 days to file his notice of appeal.

In reviewing the clerk=s record in each case, we note that appellant entered a plea of guilty and that punishment was assessed pursuant to a plea bargain agreement.  The trial court imposed the punishments in open court on October 10, 2002.  Motions for new trial were not filed, and the notices of appeal were filed on December 19, 2002, 70 days after the date of sentencing. 

The motions for extension of time in which to perfect these appeals were filed on February 11, 2003.  Neither the notices of appeal nor the motions for extension of time are timely pursuant to TEX.R.APP.P. 26.2 and 26.3.  Absent a timely notice of appeal, this court lacks jurisdiction to entertain an appeal.  Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App.1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App.1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App.1988).

Therefore, the appeals are dismissed for want of jurisdiction.

PER CURIAM

February 20, 2003

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of:  Arnot, C.J., and

Wright, J., and McCall, J.