Ralph Young Gamble, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: July 27, 2000
• Docket: 13-00-00351-CR
• Status: Published

Opinion

NUMBER 13-00-351-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

__________________________________________________________________

RALPH YOUNG GAMBLE, JR.

, Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 377th District Court of Victoria County, Texas.

___________________________________________________________________

O P I N I O N

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

Opinion Per Curiam

Appellant, RALPH YOUNG GAMBLE, JR., attempted to perfect an appeal from a judgment entered by the 377th District Court of Victoria County, Texas. Sentence in this cause was imposed on May 8, 2000. No timely motion for new trial was filed. The notice of appeal was due to be filed on June 7, 2000, but was not filed until June 8, 2000. Said notice of appeal is untimely filed. Appellant filed an untimely motion to permit late filing of the notice of appeal on July 19, 2000.

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 motion requesting an extension of time within such period.

The Court, having considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's untimely motion, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant's untimely motion to permit late filing of notice of appeal is dismissed. 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Do not publish.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).