Gary Harrell, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: October 24, 2007
• Docket: 12-07-00381-CR
• Status: Published

Opinion

lee, elmer edward v. state

                                        NO. 12-07-00381-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

GARY HARRELL, JR.,        §          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’s sentence was imposed on August 24, 2007.  Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed.  Tex. R. App. P. 26.2(a)(1).  Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court.  Tex. R. App. P. 26.2(a)(2).  Appellant did not file a motion for new trial.  Therefore, his notice of appeal was due to have been filed on or before September 24, 2007.  However, Appellant did not file his notice of appeal until October 2, 2007 and did not file a motion for extension of time to file his notice of appeal as permitted by Texas Rule of Appellate Procedure 26.3.

            On October 9, 2007, this court notified Appellant, pursuant to Rules 26.2 and 37.2, that the clerk’s record did not show the jurisdiction of this court, and it gave him until October 19, 2007 to correct the defect.  This deadline has now passed, and Appellant has neither shown this court’s jurisdiction or otherwise responded to this court’s October 9, 2007 notice.

            Because this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeal must be dismissed.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  Accordingly, the appeal is dismissed for want of jurisdiction.

Opinion delivered October 24, 2007.

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

(DO NOT PUBLISH)