Julius Turner v. State

Opinion

                     NO. 12-04-00272-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JULIUS TURNER,                                            §     APPEAL FROM THE THIRD

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                        §     ANDERSON COUNTY, TEXAS

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MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction. Appellant was convicted of the offense of aggravated sexual assault of a child, and punishment was imposed in open court on June 7, 2004. Consequently, Appellant’s notice of appeal was due on July 7, 2004. Tex. R. App. P. 26.2(a)(2). However, Appellant filed his notice of appeal on August 18, 2004.

               Appellant’s August 18 notice of appeal is untimely, which leaves us without jurisdiction over the appeal. This Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.–Dallas 1998, no pet.). Consequently, this appeal is dismissed for want of jurisdiction.

Opinion delivered September 22, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)