Linda Polley v. State

IN THE TENTH COURT OF APPEALS No. 10-06-00395-CR Linda Polley, Appellant v. The State of Texas, Appellee From the 66th District Court Hill County, Texas Trial Court No. 34,248 MEMORANDUM Opinion Appellant filed her notice of appeal 123 days[1] after the court imposed sentence. Therefore, even though appellant filed a motion for new trial, the notice of appeal is untimely. See Tex. R. App. P. 26.2(a)(2). Accordingly, the appeal is dismissed 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 Gray, Justice Vance, and Justice Reyna (Chief Justice Gray would give notice to the defendant that we question our jurisdiction and give the defendant an opportunity to respond before summarily dismissing the appeal. Nevertheless, the result appears inevitable.) Appeal dismissed Opinion delivered and filed January 17, 2007 Do not publish [CR25] [1] Based on the date indicated in the certificate of service. See Tex. R. App. P. 9.2(b).