Joe E. Garcia v. State

• Court: Court of Appeals of Texas
• Decided: September 28, 2006
• Docket: 13-06-00477-CR
• Status: Published

Opinion

NUMBER 13-06-477-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

JOE E. GARCIA,                                                                         Appellant,

v.

THE STATE OF TEXAS,                                                               Appellee.

On appeal from the 214th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

          Appellant, JOE E. GARCIA, attempted to perfect an appeal from a judgment entered by the 214th District Court of Nueces County, Texas. Sentence in this cause was imposed on October 30, 2002. No timely motion for new trial was filed. The

notice of appeal was due to be filed on November 29, 2002, but was not filed until August 11, 2006. 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Do not publish.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 28th day of September, 2006.