Antron Rammel Blaylock v. State ( 2005 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00210-CR

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ANTRON RAMMEL BLAYLOCK, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 115th Judicial District Court

Upshur County, Texas

Trial Court No. 13,170

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

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

            Antron Rammel Blaylock appeals from his conviction for the offense of delivery of a controlled substance. He was sentenced to sixty-five years' confinement. Sentence was imposed April 12, 2005, and Blaylock timely filed a motion for new trial May 2, 2005. See Tex. R. App. P. 21.4(a).

            The Texas Rules of Appellate Procedure provide that a notice of appeal must be filed with the trial court within ninety days after the day sentence was imposed or suspended in open court if the defendant timely filed a motion for new trial. Tex. R. App. P. 26.2(a)(2). Blaylock's notice of appeal was due July 11, 2005. Blaylock filed his notice of appeal with the trial court clerk August 12, 2005, 122 days after the trial court imposed sentence.

            Because Blaylock's notice of appeal was filed 122 days after the date sentence was imposed, it was not timely filed. We therefore lack jurisdiction over the appeal. Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993).

            We dismiss Blaylock's appeal for want of jurisdiction.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          September 22, 2005

Date Decided:             September 23, 2005

Do Not Publish

s filed, April 11, 2002, is incorrect and the suit was actually filed on January 5, 2001. Thus, the action was not barred by either the four- or the six-year statute of limitations. See Tex. Bus. & Com. Code Ann. § 3.118 (Vernon 2002); Tex. Civ. Prac. & Rem. Code Ann. § 16.004(3) (Vernon 2002).

            We affirm the judgment of the trial court.

                                                                                    William J. Cornelius*

                                                                                    Justice

*Chief Justice, Retired, Sitting by Assignment

Date Submitted:          April 20, 2004

Date Decided:             June 30, 2004