Roy Dean Evans v. State

• Court: Court of Appeals of Texas
• Decided: January 15, 2004
• Docket: 13-03-00723-CR
• Status: Published

Opinion

NUMBER 13-03-723-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_______________________________________________________

ROY DEAN EVANS,                                                          Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

On appeal from the 130th District Court

of Matagorda County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

         Appellant, ROY DEAN EVANS, attempted to perfect an appeal from a judgment entered by the 130th District Court of Matagorda County, Texas. Sentence in this cause was imposed on September 2, 2003. An untimely motion for new trial was filed on October 3, 2003. The notice of appeal was due to be filed on October 2, 2003, but was not filed until November 26, 2003. 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 filed an untimely motion to extend time to file motion for new trial and notice of appeal on December 15, 2003.

         The Court, having considered the documents on file, appellant's failure to timely perfect his appeal, and appellant’s untimely motion to extend time to file notice of appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant’s untimely motion to extend time to file motion for new trial and notice of appeal is DISMISSED. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

                                                                                 PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Opinion delivered and filed this

the 15^th day of January, 2004.