Craig Tharp v. State

• Court: Court of Appeals of Texas
• Decided: January 8, 2003
• Docket: 12-02-00375-CR
• Status: Published

Opinion

lee, elmer edward v. state

NO. 12-02-00375-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CRAIG THARP,

§ APPEAL FROM THE 241ST

APPELLANT

V.

§ JUDICIAL DISTRICT COURT 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 driving while intoxicated, and punishment was imposed in open court on February 22, 2001. Thereafter, Appellant timely filed a motion for new trial. Consequently, Appellant's notice of appeal was due on May 23, 2001. Tex. R. App. P. 26.2(a)(2). However, Appellant filed his notice of appeal on December 17, 2002. After receiving notice from this court that his notice of appeal was untimely, Appellant filed a motion requesting an extension of time to file his notice of appeal.

Appellant's December 17, 2002 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, Appellant's motion for extension of time is denied, and this appeal is dismissed for want of jurisdiction.

Opinion delivered January 8, 2003.

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

(DO NOT PUBLISH)