Jesus Perez Saldana v. State

• Court: Court of Appeals of Texas
• Decided: April 22, 2004
• Docket: 13-04-00105-CR
• Status: Published

Opinion

NUMBER 13-04-105-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

JESUS SALDANA PEREZ,                                                  Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

On appeal from the 357th District Court

of Cameron County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Opinion Per Curiam

         Appellant, JESUS SALDANA PEREZ, attempted to perfect an appeal from a judgment entered by the 357th District Court of Cameron County, Texas. Sentence in this cause was imposed on September 2, 2003. A timely motion for new trial was filed on September 29, 2003. The notice of appeal was due to be filed on December 1, 2003, but was not filed until January 27, 2004. 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. Appellant’s untimely motion to permit late filing of notice of appeal is dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

                                                               PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Opinion delivered and filed this

the 22nd day of April, 2004.