Johnny Leroy Forsyth v. State

Court of Appeals of Texas

Johnny Leroy Forsyth v. State

DecidedNovember 27, 2002

Docket13-02-00551-CR

StatusPublished

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Johnny Leroy Forsyth v. State, (Tex. Ct. App. 2002).

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Opinion

NUMBER 13-02-551-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

__________________________________________________________________

JOHNNY LEROY FORSYTH, Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 24th District Court

of Calhoun County, Texas.

___________________________________________________________________

O P I N I O N

Before Justices Dorsey, Rodriguez, and Castillo

Opinion Per Curiam

Appellant, JOHNNY LEROY FORSYTH, attempted to perfect an appeal from a judgment entered by the 24th District Court of Calhoun County, Texas. Sentence in this cause was imposed on August 15, 2002. No timely motion for new trial was filed. The notice of appeal was due to be filed on September 16, 2002, but was not filed until September 25, 2002. 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Do not publish.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. 47.3.

Opinion delivered and filed this

the 27th day of November, 2002.

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NUMBER 13-02-551-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

__________________________________________________________________

JOHNNY LEROY FORSYTH, Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 24th District Court

of Calhoun County, Texas.

___________________________________________________________________

O P I N I O N

Before Justices Dorsey, Rodriguez, and Castillo

Opinion Per Curiam

Appellant, JOHNNY LEROY FORSYTH, attempted to perfect an appeal from a judgment entered by the 24th District Court of Calhoun County, Texas. Sentence in this cause was imposed on August 15, 2002. No timely motion for new trial was filed. The notice of appeal was due to be filed on September 16, 2002, but was not filed until September 25, 2002. 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. 47.3.

Opinion delivered and filed this

the 27th day of November, 2002.

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