James D. McIntyre v. State

IN THE TENTH COURT OF APPEALS No. 10-05-00253-CR James D. McIntyre, Appellant v. The State of Texas, Appellee From the 40th District Court Ellis County, Texas Trial Court No. 28672CR MEMORANDUM Opinion James McIntyre was convicted of Indecency with a Child and sentenced to 25 years in prison. He presented a pro se notice of appeal for filing with the District Clerk 33 days after sentence was pronounced. No motion for new trial was filed. Recognizing that the notice of appeal was untimely, McIntyre requests that this Court grant him an out of time appeal. We have no jurisdiction to grant that request. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Fowler v. State, 16 S.W.3d 426, 427-428 (Tex. App.—Waco 2000, pet. ref’d). Therefore, this appeal is dismissed. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Vance, and Justice Reyna Appeal dismissed Opinion delivered and filed August 3, 2005 Do not publish [CRPM]