Brandon Rowe v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2007
• Docket: 12-07-00011-CR
• Status: Published

Opinion

                                        NO. 12-07-00010-CR

NO. 12-07-00011-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BRANDON ROWE,  §          APPEALS FROM THE 241ST

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            These appeals are being dismissed for want of jurisdiction.  Appellant was convicted of the offenses of aggravated sexual assault of a child and retaliation.  Punishment was imposed in open court in each case on November 29, 2006.  Appellant did not file motions for new trial,  see Tex. R. App. P. 26.2(2), nor did he file motions for extension of time to file his notices of appeal as permitted by Texas Rule of Appellate Procedure 26.3.  Consequently, Appellant’s notices of appeal were due on December 29, 2006.  See Tex. R. App. P. 26.2(a)(2).  However, Appellant filed his notices of appeal on January 5, 2007.

            Appellant’s January 5, 2007 notices of appeal are untimely, which leaves us without jurisdiction over the appeals.  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).  Consequently, these appeals are dismissed for want of jurisdiction.

Opinion delivered  January 31, 2007.

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

(DO NOT PUBLISH)