Randall Burton v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2005
• Docket: 13-05-00519-CR
• Status: Published

Opinion

                             NUMBER 13-05-519-CR

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_  _________________________________________________________________

RANDALL D. BURTON,                                             Appellant,

                                           v.

THE STATE OF TEXAS,                                              Appellee.

__  ________________________________________________________________

                On appeal from County Court at Law No. 2

                           of Nueces County, Texas.

___________________________________________________________________

                     MEMORANDUM OPINION

                 Before Justices Hinojosa, Yañez, and Garza

                       Memorandum Opinion Per Curiam

Appellant, RANDALL D. BURTON, attempted to perfect an appeal from a judgment entered by the County Court at Law No. 2 of Nueces County, Texas.  Sentence in this cause was imposed on May 27, 2005.  No timely motion for new trial was filed.   The notice of appeal was due to be filed on June 27, 2005, but was not filed until August 9, 2005.   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Do not publish.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 31st day of August, 2005.