Bryan Wilson v. State

• Court: Court of Appeals of Texas
• Decided: July 19, 2006
• Docket: 12-06-00219-CR
• Status: Published

Opinion

                NO. 12-06-00219-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BRYAN WILSON,     §          APPEAL FROM THE 411TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          TRINITY COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of the offense of aggravated sexual assault of a child, and punishment was imposed in open court on May 1, 2006.  Consequently, Appellant’s notice of appeal was due on May 31, 2006.  See Tex. R. App. P. 26.2(a)(2).  However, Appellant filed his notice of appeal on June 15, 2006.

            Appellant’s June 15, 2006 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 Texas Rule of Appellate Procedure 26.3.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).  Consequently, this appeal is dismissed for want of jurisdiction.

Opinion delivered July 19, 2006.

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

(DO NOT PUBLISH)