Albert James Ervin v. State

• Court: Court of Appeals of Texas
• Decided: September 19, 2007
• Docket: 12-07-00330-CR
• Status: Published

Opinion

lee, elmer edward v. state

                                                                                                        NO. 12-07-00330-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ALBERT JAMES ERVIN,   §                      APPEAL FROM THE 241ST

APPELLANT

V.        §                      JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §                      SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of unlawful possession of a firearm.  Sentence was imposed on June 30, 2006.

            An appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed.  Tex. R. App. P. 26.2(1).  Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. Tex. R. App. P. 26.2(2). Appellant did not file a motion for new trial.  Therefore, his notice of appeal was due to have been filed on or before July 29, 2006.  However, Appellant did not file his notice of appeal until August 29, 2007 and did not file a motion for extension of time to file his notice of appeal as permitted by Texas Rule of Appellate Procedure 26.3.

            On September 5, 2007, this court notified Appellant, pursuant to Rules 26.2 and 37.2, that the clerk’s record did not show the jurisdiction of this court, and it gave him until September 17, 2007 to correct the defect.  The deadline has now passed, and Appellant did not furnish information showing the jurisdiction of this court or otherwise respond to this court’s notice.

     Because this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeal must be dismissed.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  Accordingly, the appeal is dismissed for want of jurisdiction. 

            Opinion delivered September 19, 2007.

            Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)