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Brian Tolliver v. State
Citation: Not availableDocket: 10-96-00110-CR
Court: Court of Appeals of Texas; July 17, 1996; Texas; State Appellate Court
Original Court Document: View Document
Brian Tolliver was convicted of aggravated sexual assault and sentenced to twelve years of incarceration by the 13th District Court in Navarro County, Texas. He failed to file a notice of appeal within the required timeframe, specifically within thirty days of sentencing or within ninety days if a motion for a new trial had been filed. His sentence was imposed on February 2, 1996, but he submitted his notice of appeal on April 24, 1996, which was fifty-two days late. The court found no record of a motion for a new trial, and Tolliver did not request an extension for filing the appeal. The Tenth Court of Appeals notified him of the jurisdictional defect on June 26, 1996, to which he responded, claiming he was misled by his attorney. However, this claim did not rectify the late filing of the notice of appeal. Consequently, the court dismissed the appeal for lack of jurisdiction. The opinion was delivered on July 17, 1996, with a subsequent notice issued on July 23, 1997, indicating the opinion should not be published.