Martin v. State, B14-81-740CR

CourtCourt of Appeals of Texas
Citation654 S.W.2d 800
Docket NumberNo. B14-81-740CR,B14-81-740CR
PartiesCarl Douglas MARTIN, Appellant, v. The STATE of Texas, Appellee. (14th Dist.)
Decision Date26 May 1983

Ray Epps, Houston, for appellant.

James C. Brough, Robert Burdette, Asst. Dist. Attys., Houston, for appellee.



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

Appellant 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.

Even 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.


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2 cases
  • Jones v. State, 05-87-00927-CR
    • United States
    • Court of Appeals of Texas
    • April 29, 1988
    ...notice was two weeks late, therefore, the notice did not confer jurisdiction to entertain the appeal, citing Martin v. State, 654 S.W.2d 800 (Tex.App.--Houston [14th Dist.] 1983), holding that a notice not signed by appellant or his attorney does not qualify as the requisite notice in writi......
  • Shute v. State, 013-87
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • January 6, 1988
    ...timely, written notice of appeal, the lower court was correct in stating they were without jurisdiction to entertain the appeal. Martin v. State, 654 S.W.2d 800 (Tex.App.--Houston [14th Dist.] 1983, no We have carefully reviewed the briefs of the respective parties and the opinion of the Co......

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