Noe Vaiz Garza v. State

• Court: Court of Appeals of Texas
• Decided: October 11, 2007
• Docket: 13-07-00393-CR
• Status: Published

Opinion

NUMBER 13-07-393-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

NOE VAIZ GARZA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 398th District Court of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides

Memorandum Opinion Per Curiam

Appellant, NOE VAIZ GARZA, attempted to perfect an appeal from a judgment entered by the 398th District Court of Hidalgo County, Texas. Sentence in this cause was imposed on January 12, 2007. An untimely motion for new trial was filed on February 16, 2007. The notice of appeal was due to be filed on February 12, 2007, but was not filed until February 16, 2007. Said notice of appeal is untimely filed.

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Do not publish.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. 47.2(b).

Memorandum Opinion delivered and filed this

the 11^th day of October, 2007.