482 SW2D 215 - Newton v. State

How this case has been cited

Cited by 8 later decisions — most recently September 1995

2 federal appellate · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION

MORRISON, Judge.

¶2The offense is felony theft; the punishment, five (5) years.

¶3The record reflects the appellant was sentenced on November 15, 1971, at which time he waived his right to appeal after being advised of such right and his right to have an attorney appointed to represent him on appeal.

¶4On December 13, 1971, the appellant filed a motion for permission to file an untimely notice of appeal. The record does not re-fleet the court’s action on the motion.

¶5This Court does not have jurisdiction to entertain an appeal where there is no timely motion for appeal or leave of the court for good cause shown to file such notice after ten days. Art. 44.08(c), (e), Vernon’s Ann.GC.P. Caldwell v. State, Tex.Cr.App., 383 S.W.2d 590, and Nix v. State, Tex.Cr.App., 433 S.W.2d 710.

¶6The appeal is dismissed.