Norman Kyle Terry v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2008
• Docket: 12-08-00032-CR
• Status: Published

Opinion

                                        NO. 12-08-00032-CR

NO. 12-08-00033-CR

NO. 12-08-00034-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

NORMAN KYLE TERRY,   §          APPEALS FROM THE 7TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of the offense of evading arrest or detention, and punishment was imposed in open court on December 7, 2007.  Consequently, Appellant’s notice of appeal was due on January 7, 2008.  See Tex. R. App. P. 26.2(a)(2).  Appellant filed his notice of appeal on January 14, 2008.  Therefore, his appeal is untimely, which leaves us without jurisdiction over the appeal.  

            On January 17, 2008, this court notified Appellant that his notice of appeal was untimely and that there was no timely motion filed requesting 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 the appeal would be dismissed unless the record was amended on or before January 28, 2008 to show the jurisdiction of this court.  Appellant has not shown the jurisdiction of this court or otherwise responded to this court's January 17, 2008 notice.  Because this court has no authority to allow the late filing of a notice of appeal except as provided by Texas Rule of Appellate Procedure 26.3, the appeal is dismissed for want of jurisdiction.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

Opinion delivered January 31, 2008.

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

(DO NOT PUBLISH)