Moses Watson v. State

• Court: Court of Appeals of Texas
• Decided: August 2, 2006
• Docket: 12-06-00275-CR
• Status: Published

Opinion

                NO. 12-06-00273-CR

NO. 12-06-00274-CR

NO. 12-06-00275-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MOSES WATSON,   §          APPEAL FROM THE

APPELLANT

V.        §          COUNTY COURT AT LAW NO. 2 OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            These appeals are being dismissed for want of jurisdiction.  In two separate cause numbers, Appellant was convicted of the offenses of criminal trespass and evading arrest.  Punishment was imposed in open court on April 26, 2006.  Consequently, Appellant’s notice of appeal was due on May 26, 2006.  See Tex. R. App. P. 26.2(a)(2).  However, Appellant filed his notice of appeal on August 1, 2006.¹

            Appellant’s August 1, 2006 notice of appeal is untimely.  Texas Rule of Appellate Procedure 26.3 provides that an appellate court may extend the time to file the notice of appeal if a proper motion is filed within 15 days after the deadline for filing the notice of appeal.  See Tex. R. App. P. 26.3.  Appellant filed a motion for extension of time on August 1, 2006 along with his notice of appeal.  The motion is untimely because it was filed more than 15 days after May 26, 2006, the date his notice of appeal was due.  Therefore, we are without jurisdiction of these appeals.  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) (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, Appellant’s motion for extension of time to file his notice of appeal is overruled, and these appeals are dismissed for want of jurisdiction.

Opinion delivered August 2, 2006.

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

(DO NOT PUBLISH)

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     ¹ In a third cause number, Appellant was charged with possession of a dangerous drug.  This charge was dismissed by the State on April 26, 2006.  Appellant refers to all three cause numbers in his notice of appeal.