Nicholas Ortiz v. State

• Court: Court of Appeals of Texas
• Decided: July 27, 2000
• Docket: 13-00-00281-CR
• Status: Published

Opinion

NUMBER 13-00-281-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

__________________________________________________________________

NICHOLAS ORTIZ

, Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 347th District Court of Nueces County, Texas.

___________________________________________________________________

O P I N I O N

Before Chief Justice Seerden and Justices Hinojosa and Kennedy⁽¹⁾

Opinion Per Curiam

Appellant, NICHOLAS ORTIZ, attempted to perfect an appeal from a judgment entered by the 347th District Court of Nueces County, Texas. Sentence in this cause was imposed on March 27, 2000. No timely motion for new trial was filed. The notice of appeal was due to be filed on April 26, 2000, but was not filed until May 3, 2000. Said notice of appeal is untimely filed. Pursuant to Tex. R. App. P. 37.1, notice of this defect was given so steps could be taken to correct the defect, if it could be done. To date, no response has been received from appellant.

Tex. R. App. P. 26.3 provides that the court of appeals may grant an extension of time for filing 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Do not publish.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. 47.3.

Opinion delivered and filed this

the 27^th day of July, 2000.

1. Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. §74.003 (Vernon 1998).