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654 S.W.2d 800

Martin v. State

Court of Appeals of Texas

Decided May 26, 1983

Court of Appeals of Texas · decided 1983-05-26

Cited by 1 later decisions — most recently September 1988

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1983-05-26

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ROBERTSON, Justice.

¶1Appellant attempts to appeal his conviction for murder and punishment of 99 years confinement. Due to the lack of this *801court’s jurisdiction to consider his appeal, we dismiss it.

¶2Appellant was found guilty and sentenced on September 23,1981, and the judgment and sentence was signed on September 25, 1981. He filed no motion for new trial or arrest of judgment after that time. The only notice of appeal in the record was given on October 23,1981. Tex.Code Crim. Proc.Ann. art. 44.08(b) (Vernon Supp. 1982-1983) provides:

Notice of appeal shall be filed within 15 days after overruling of the motion or amended motion for new trial and if there be no motion or amended motion for new trial, then 15 days after sentencing.

¶3Even computing from the date the judgment and sentence was signed, the last date appellant could have given notice of appeal was October 10, 1981. Because timely notice of appeal has not been given, we have no jurisdiction to consider the appeal. Appellant’s appeal is dismissed.

¶4Dismissed.

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