Chester Kennedy v. State

• Court: Court of Appeals of Texas
• Decided: February 28, 2007
• Docket: 12-07-00055-CR
• Status: Published

Opinion

                                        NO. 12-07-00054-CR

NO. 12-07-00055-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CHESTER KENNEDY,        §          APPEAL FROM THE 114TH

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 theft and tampering with a government record.  Punishment was imposed in open court on December 18, 2006.  Consequently, Appellant’s notice of appeal was due on January 17, 2007.  See Tex. R. App. P. 26.2(a)(2).  However, Appellant filed his notice of appeal on January 23, 2007.

            On February 5, 2007, pursuant to Texas Rule of Appellate Procedure 44.3, this court notified Appellant that his notice of appeal was not filed within the time allowed by rule of appellate procedure 26.2 and there was no timely motion for an extension of time to file the notice of appeal as permitted by rule 26.3.  Appellant was further notified that unless the information filed in these appeals was amended on or before February 15, 2007 to show this court's jurisdiction, the appeals would be dismissed.  Appellant has not responded to the notice.

              Appellant’s notice of appeal is 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); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).  Consequently, these appeals are dismissed for want of jurisdiction.

Opinion delivered February 28, 2007.

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

(DO NOT PUBLISH)