Beverly Sanford v. State

• Court: Court of Appeals of Texas
• Decided: November 3, 2004
• Docket: 12-04-00330-CR
• Status: Published

Opinion

                     NO. 12-04-00330-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BEVERLY SANFORD,                                      §     APPEAL FROM THE

APPELLANT

V.                                                                         §     COUNTY COURT AT LAW NO. 2 OF

THE STATE OF TEXAS,

APPELLEE                                                        §     SMITH COUNTY, TEXAS

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MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction. Appellant was convicted of the offense of hindering apprehension or prosecution, and punishment was imposed in open court on September 9, 2004. Consequently, Appellant’s notice of appeal was due on October 11, 2004. Tex. R. App. P. 26.2(a)(2). However, Appellant filed her notice of appeal on October 14, 2004.

            On October 21, 2004, Appellant was notified that the information received in this appeal does not show the jurisdiction of this Court. Appellant was further informed that the appeal would be dismissed unless the information were amended, on or before November 1, 2004, to show the jurisdiction of this Court. The deadline for amendment has passed, and Appellant has neither responded to our October 21 notice nor otherwise shown the jurisdiction of this Court.

            Appellant’s October 14 notice of appeal is untimely, which leaves us without jurisdiction over the appeal. Furthermore, this Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.–Dallas 1998, no pet.). Consequently, this appeal is dismissed for want of jurisdiction.

Opinion delivered November 3, 2004.

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

(DO NOT PUBLISH)