Jose Cavazos v. State

• Court: Court of Appeals of Texas
• Decided: January 9, 2003
• Docket: 13-02-00665-CR
• Status: Published

Opinion

                                   NUMBER 13-02-665-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

____________________________________________________________________

JOSE CAVAZOS A/K/A BLAS CAVAZOS,                                Appellant,

                                                   v.

THE STATE OF TEXAS,                                                          Appellee.

_____________________________________________________________________

                        On appeal from the 107th District Court

                                  of Willacy County, Texas.

___________________________________________________________________

                          MEMORANDUM OPINION

                      Before Justices Rodriguez, Castillo, and Garza

                                       Opinion Per Curiam

Appellant, JOSE CAVAZOS A/K/A BLAS CAVAZOS, attempted to perfect an appeal from a judgment entered by the 107th District Court of Willacy County, Texas.  Sentence in this cause was imposed on July 19, 2002.  A timely motion for new trial was filed on August 15, 2002.   The notice of appeal was due to be filed on October 17, 2002, but was not filed until October 31, 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Do not publish.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. 47.2(b).

Opinion delivered and filed this

the 9^th day of January, 2003.