Arnold Riojas v. State

• Court: Court of Appeals of Texas
• Decided: July 12, 2001
• Docket: 13-01-00128-CR
• Status: Published

Opinion

NUMBER 13-01-128-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

__________________________________________________________________

ARNOLD RIOJAS , Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 319th District Court

of Nueces County, Texas.

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O P I N I O N

Before Justices Dorsey, Yañez, and Castillo

Opinion Per Curiam

Appellant, ARNOLD RIOJAS , attempted to perfect an appeal from a judgment entered by the 319th District Court of Nueces County, Texas. Sentence in this cause was imposed on September 19, 2000 . A timely motion for new trial was filed on October 19, 2000 . The notice of appeal was due to be filed on December 18, 2000 , but was not filed until February 12, 2001 . Said notice of appeal is untimely filed.

Tex. R. App. P. 26.3 provides that the court of appeals may grant an extension of time for filing notice of appeal if such notice is filed within fifteen days of the last day allowed and within the same period a motion is filed in the court of appeals reasonably explaining the need for such extension. Appellant failed to file his notice of appeal and a motion requesting an extension of time within such period.

The Court, having considered the documents on file and appellant's failure to timely perfect his appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 12^th day of July, 2001 .