Ira Dean Stanley v. State ( 1994 )

Stanley-ID v. State

IN THE

TENTH COURT OF APPEALS

No. 10-94-254-CR

     IRA DEAN STANLEY,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 13,042-B

MEMORANDUM OPINION

      Ira Dean Stanley attempts to appeal his conviction for rioting. See Tex. Penal Code Ann. § 42.02 (Vernon 1994). He has filed a "Request To File Out Of Time Appeal" in this court. Although he alleges in his motion that he filed a notice of appeal in the trial court within the time required, we are unable to find a notice in the transcript. See Tex. R. App. P. 41(b)(1). Timely filing of a written notice of appeal is jurisdictional. Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988); Reyes v. State, No. 08-94-00162-CR, 1994 WL 407154 (Tex. App.—El Paso, July 14, 1994, no pet. h.). Thus, we deny his motion for an out of time appeal and dismiss this cause for want of jurisdiction. See id. 

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed October 19, 1994

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