Derrick C. Wiley v. State

Derrick C. Wiley v. State IN THE TENTH COURT OF APPEALS No. 10-03-107-CR DERRICK C. WILEY, Appellant v. THE STATE OF TEXAS, Appellee From the 278th District Court Leon County, Texas Trial Court # 7927B MEMORANDUM OPINION Derrick C. Wiley pleaded guilty to possession of a controlled substance. Pursuant to a plea bargain, the court deferred an adjudication of guilty and placed Wiley on unadjudicated community supervision. The court adjudicated Wiley’s guilt and sentenced him to five years’ imprisonment on December 13, 2002. Wiley filed a notice of appeal on April 1, 2003. Because Wiley filed a motion for new trial, his notice of appeal was due on March 13, 2003. See Tex. R. App. P. 26.2(a)(2). Wiley filed his notice of appeal nineteen days’ late. Because Wiley did not timely file a notice of appeal, we dismiss the appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Fowler v. State, 16 S.W.3d 426, 428 (Tex. App.—Waco 2000, pet. ref’d). PER CURIAM Before Chief Justice Davis, Justice Vance, and Justice Gray Appeal dismissed for want of jurisdiction Opinion delivered and filed July 9, 2003 Do not publish [CR25]