Guadalupe Gamez v. State

• Court: Court of Appeals of Texas
• Decided: March 3, 2005
• Docket: 13-05-00057-CR
• Status: Published

Opinion

NUMBER 13-05-057-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

GUADALUPE GAMEZ,                                                       Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

________________________________________________________

On appeal from the 24th District Court

of Victoria County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, GUADALUPE GAMEZ, attempted to perfect an appeal from a judgment entered by the 24th District Court of Victoria County, Texas. Sentence in this cause was imposed on September 30, 2004. No motion for new trial was filed. The notice of appeal was due to be filed on November 1, 2004, but was not filed until January 17, 2005. 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Do not publish.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 3^rd day of March, 2005.