Jose Luis Garcia v. State

• Court: Court of Appeals of Texas
• Decided: May 23, 2002
• Docket: 13-01-00857-CR
• Status: Published

Opinion

                                   NUMBER 13-01-857-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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JOSE LUIS GARCIA,                                                             Appellant,

                                                   v.

THE STATE OF TEXAS,                                                          Appellee.

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                        On appeal from the 105th District Court

                                  of Nueces County, Texas.

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                                   O P I N I O N

                     Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellant, JOSE LUIS GARCIA, attempted to perfect an appeal from a judgment entered by the 105th District Court of Nueces County, Texas.  Sentence in this cause was imposed on May 14, 2001.  No timely motion for new trial was filed.   The notice of appeal was due to be filed on June 13, 2001, but was not filed until December 11, 2001.   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Do not publish.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 23rd day of May, 2002.