Roberto Leal v. State

• Court: Court of Appeals of Texas
• Decided: June 22, 2006
• Docket: 13-06-00187-CR
• Status: Published

Opinion

                             NUMBER 13-06-187-CR

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_____________________________________________________________

ROBERTO LEAL,                                                      Appellant,

                                           v.

THE STATE OF TEXAS,                                              Appellee.

_____________________________________________________________

                  On appeal from the 206th District Court

                           of Hidalgo County, Texas.

______________________________________________________________

                     MEMORANDUM OPINION

        Before Chief Justice Valdez and Justices Yañez and Garza

                       Memorandum Opinion Per Curiam

Appellant, ROBERTO LEAL, attempted to perfect an appeal from a judgment entered by the 206th District Court of Hidalgo County, Texas.  Sentence in this cause was imposed on December 9, 2005.  No timely motion for new trial was filed.  The notice of appeal was due to be filed on January 9, 2006, but was not filed until April 13, 2006.   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Do not publish.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 22nd day of June, 2006.