Nesbitt v. State

Full title: BRYAN JAMES NESBITT, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Seventh District, Amarillo

Date published: Oct 31, 2005

Nos. 07-05-0330-CR, 07-05-0331-CR (Tex. App. Oct. 31, 2005)

Opinion

Nos. 07-05-0330-CR, 07-05-0331-CR

October 31, 2005. DO NOT PUBLISH.

Appeal from the 47^th District Court of Potter County, Nos. 46-558-a 46-559-a, Hon. Hal Miner, Presiding.

Panel B: Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION OF DISMISSAL

PER CURIAM.

On September 19, 2005, Bryan James Nesbitt filed with the district clerk a letter evincing his desire to appeal his two convictions. We treat it as a notice of appeal. See Palma v. State, 76 S.W.3d 638, 641 (Tex.App.-Corpus Christi 2002, pet. ref'd) (obligating us to treat as a notice of appeal most any document that evinces appellant's desire to appeal after conviction and sentencing). The convictions and sentences were imposed on May 21, 2004, however. Since more than a year lapsed between the two dates, it is obvious that appellant's attempt to appeal is belated. TEX. R. APP. P. 26.2(a) (b) (stating that one has either 30 or 90 days from the date sentence is imposed or suspended in open court to perfect an appeal). Consequently, we have no jurisdiction over the appeals. The appeals are dismissed for want of jurisdiction.