Legal Opinion

Mosqueda v. State

Texas Court of Appeals, 1st District (Houston)

Decided January 20, 1983No. 01-81-0902-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

COHEN, Justice.

After a jury trial, appellant was convicted of a Class A misdemeanor offense, resisting arrest, in violation of Section 38.03, V.T.C.A., Penal Code. The court assessed punishment at a fine of $350.00 and con finement in the county jail for 90 days, probated.

We find that we lack jurisdiction of this appeal. Art. 44.08(b), V.A.C.C.P. states that “Notice of appeal shall be filed within 15 days after overruling of the motion or amended motion for new trial.” Appellant was sentenced May 28, 1981. He filed a motion for new trial on June 4,1981, which was denied July 9, 1981.…

2Cases cited4 opinions

  1. Ex Parte CaldwellCourt of Criminal Appeals of Texas · 1964
  2. Ex Parte ShieldsCourt of Criminal Appeals of Texas · 1977
  3. Gordon v. StateCourt of Criminal Appeals of Texas · 1982
  4. Means v. StateCourt of Criminal Appeals of Texas · 1977

3Cited by7 opinions

  1. Ex Parte DreweryCourt of Criminal Appeals of Texas · 1984
  2. Johnson v. State, Texas Court of Appeals, 1st District (Houston)1984
  3. Penhaker v. State, Texas Court of Appeals, 1st District (Houston)1985
  4. Wilkerson v. StateCourt of Appeals of Texas · 1983
  5. Ex Parte DreweryCourt of Criminal Appeals of Texas · 1984

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