Michael G. Russ v. State

• Court: Court of Appeals of Texas
• Decided: May 26, 2006
• Docket: 12-06-00163-CR
• Status: Published

Opinion

                NO. 12-06-00162-CR

NO. 12-06-00163-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL G. RUSS,            §          APPEAL FROM THE 188TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          GREGG COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            These appeals are being dismissed for want of jurisdiction.  Appellant was convicted of the offenses of burglary of a habitation and burglary of a building.  Punishment was imposed in open court on May 24, 2004.  Consequently, Appellant’s notice of appeal was due on June 23, 2004.  See Tex. R. App. P. 26.2(a)(2).  However, Appellant filed his notice of appeal on May 10, 2006.

            On May 10, 2006, this Court notified Appellant that the information received in these appeals does not show the jurisdiction of this Court in that the notice of appeal was not filed within the time allowed by Rule 26.2, and there was no timely motion for an extension of time to file the notice of appeal as permitted by Texas Rule of Appellate Procedure 26.3.  Appellant was further notified that these appeals would be dismissed unless, on or before May 22, 2006, the information was amended to show the jurisdiction of this Court.  Appellant has not responded to our May 10 notice.

            Appellant’s notice of appeal is untimely, which leaves us without jurisdiction over the appeal. Furthermore, 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).  Consequently, these appeals are dismissed for want of jurisdiction.

Opinion delivered May 26, 2006.

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

(DO NOT PUBLISH)