Lloyd Murray v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2007
• Docket: 12-07-00005-CR
• Status: Published

Opinion

                                        NO. 12-07-00005-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

LLOYD MURRAY,   §          APPEAL FROM THE 7TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of the offense of robbery, and punishment was imposed in open court on November 7, 2006.  Consequently, Appellant’s notice of appeal was due on December 7, 2006.  See Tex. R. App. P. 26.2(a)(2).  However, Appellant filed his notice of appeal on December 15, 2006.  Therefore, Appellant's notice of appeal is untimely, which leaves us without jurisdiction over the appeal.

             On January 11, 2007, Appellant filed a motion to extend the time for filing his notice of appeal.  However, this motion is untimely.  See Tex. R. App. P. 26.3 (motion for extension of time must be filed within 15 days after the deadline for filing the notice of appeal).  Moreover, 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); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).  Consequently, Appellant's motion for extension of time is overruled, and this appeal is dismissed for want of jurisdiction.  All other pending motions are overruled as moot.

Opinion delivered January 31, 2007.

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

(DO NOT PUBLISH)