Charles Mitchell v. State

Court of Appeals of Texas

Charles Mitchell v. State

DecidedMarch 9, 2006

Docket13-06-00037-CR

StatusPublished

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Charles Mitchell v. State, (Tex. Ct. App. 2006).

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Opinion

NUMBER 13-06-037-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________________

CHARLES MITCHELL, Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 28th District Court

of Nueces County, Texas.

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

Appellant, CHARLES MITCHELL, attempted to perfect an appeal from a judgment entered by the 28th District Court of Nueces County, Texas. Sentence in this cause was imposed on October 31, 2005. No timely motion for new trial was filed. The notice of appeal was due to be filed on November 30, 2005, but was not filed until January 19, 2006. 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Do not publish.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. 47.2(b).

Memorandum Opinion delivered and filed

this the 9th day of March, 2006.

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NUMBER 13-06-037-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________________

CHARLES MITCHELL, Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 28th District Court

of Nueces County, Texas.

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

Appellant, CHARLES MITCHELL, attempted to perfect an appeal from a judgment entered by the 28th District Court of Nueces County, Texas. Sentence in this cause was imposed on October 31, 2005. No timely motion for new trial was filed. The notice of appeal was due to be filed on November 30, 2005, but was not filed until January 19, 2006. 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. 47.2(b).

Memorandum Opinion delivered and filed

this the 9th day of March, 2006.

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Charles Mitchell v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-mitchell-v-state-texapp-2006.