Rene Segura v. State

• Court: Court of Appeals of Texas
• Decided: June 8, 2006
• Docket: 13-06-00209-CR
• Status: Published

Opinion

                             NUMBER 13-06-209-CR

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

RENE SEGURA,                                                       Appellant,

                                           v.

THE STATE OF TEXAS,                                              Appellee.

                  On appeal from the 370th District Court

                           of Hidalgo County, Texas.

                     MEMORANDUM OPINION

             Before Justices Hinojosa, Rodriguez, and Castillo

                       Memorandum Opinion Per Curiam

Appellant, RENE SEGURA, attempted to perfect an appeal from a judgment entered by the 370th  District Court of Hidalgo County, Texas.  Sentence in this cause was imposed on July 12, 2004.  An untimely motion for new trial was filed on October 21, 2005.  The notice of appeal was due to be filed on August 11, 2004, but was not filed until October 21, 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Do not publish.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 8th day of June, 2006.