Nathaniel Howard, III v. State

• Court: Court of Appeals of Texas
• Decided: March 31, 2008
• Docket: 12-08-00115-CR
• Status: Published

Opinion

                                        NO. 12-08-00114-CR

NO. 12-08-00115-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

NATHANIEL HOWARD, III.,         §          APPEALS FROM THE 7TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            These appeals are being dismissed for want of jurisdiction.  Appellant was convicted of aggravated kidnapping and aggravated sexual assault in two separate cause numbers, and punishment in both was imposed in open court on January 31, 2008.  Consequently, Appellant’s notices of appeal were due on March 3, 2008.  See Tex. R. App. P. 26.2(a)(2).  However, Appellant filed his notices of appeal on March 12, 2008.  Therefore, Appellant’s notices of appeal are untimely, which leaves us without jurisdiction over the appeals.  

            On March 14, 2008, this court notified Appellant that there was no notice of appeal filed in either cause number within the time allowed by Rule 26.2 and no timely motion for an extension of time to file either notice of appeal as permitted by Texas Rule of Appellate Procedure 26.3. Appellant was further notified that the appeals would be dismissed unless the information received in the appeals was amended, on or before March 24, 2008, to show the jurisdiction of this court.  Appellant has neither shown the jurisdiction of this court or otherwise responded to its March 14, 2008 notice. 

            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).  Accordingly, the appeals are dismissed for want of jurisdiction.

Opinion delivered March 31, 2008.

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

(DO NOT PUBLISH)