Mary Smith v. State

• Court: Court of Appeals of Texas
• Decided: July 28, 2005
• Docket: 13-05-00390-CV
• Status: Published

Opinion

          NUMBER 13-05-390-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

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MARY SMITH,                                                         Appellant,

                                           v.

THE STATE OF TEXAS,                                              Appellee.

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                  On appeal from the 214th District Court

                            of Nueces County, Texas

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                     MEMORANDUM OPINION

     Before Chief Justice Valdez and Justices Castillo and Garza

                       Memorandum Opinion Per Curiam

Appellant, MARY SMITH, attempted to perfect an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 04-CR-1559-F(S1).  Judgment in this cause was signed on September 23, 2004.  No timely motion for new trial was filed.  Pursuant to Tex. R. App. P. 26.1, appellant=s notice of appeal was due on October 25, 2004, but was not filed until October 27, 2004. 

Notice of this defect was given so that steps could be taken to correct the defect, if it could be done.  Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this Court=s letter, the appeal would be dismissed.  To date, no response has been received from appellant.

The Court, having examined and fully considered the documents on file, appellant=s failure to timely perfect her appeal, and appellant=s failure to respond to this Court=s notice, 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

Memorandum Opinion delivered and filed this

the 28^th day of July, 2005.