Martin Gibson v. State
This text of Martin Gibson v. State (Martin Gibson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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MARTIN GIBSON, Appellant,
THE STATE OF TEXAS, Appellee.
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Appellant, MARTIN GIBSON, attempted to perfect an appeal from a judgment entered by the 105th District Court of Kleberg County, Texas. Sentence in this cause was imposed on May 11, 2006. An untimely motion for new trial was filed on June 28, 2006. The notice of appeal was due to be filed on June 12, 2006, but was not filed until June 28, 2006. 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 a 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Do not publish.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).
Memorandum Opinion delivered and filed this
the 9th day of November, 2006.
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