Robert Jason Heiser, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: April 9, 2008
• Docket: 12-08-00128-CR
• Status: Published

Opinion

lee, elmer edward v. state

                                        NO. 12-08-00128-CR

NO. 12-08-00129-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROBERT JASON HEISER, JR.,     §          APPEALS FROM THE 241ST

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            These appeals are being dismissed for want of jurisdiction.  Appellant was convicted of aggravated sexual assault and aggravated kidnapping with bodily injury.  Sentence was imposed on June 14, 2007.

            Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed.  Tex. R. App. P. 26.2(a)(1).  Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court.  Tex. R. App. P. 26.2(a)(2).  Appellant did not file a motion for new trial.  Therefore, his notice of appeal in each case was due to have been filed on or before July 16, 2007.  However, Appellant did not file a notice of appeal in either case until March 20, 2008 and did not file a motion for extension of time to file the notices of appeal as permitted by Texas Rule of Appellate Procedure 26.3.

            On March 25, 2008, this court notified Appellant, pursuant to Rules 26.2 and 37.2, that the clerk’s record in these appeals did not show the jurisdiction of this court, and it gave him until April 4, 2008 to correct the defect.  That deadline has now passed, and Appellant has neither shown the jurisdiction of this court or otherwise responded to its March 25, 2008 notice.

            Because this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeals must be dismissed.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  Accordingly, the appeals are dismissed for want of jurisdiction. 

Opinion delivered April 9, 2008.

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

(DO NOT PUBLISH)