Sean Steward Foster v. State

• Court: Court of Appeals of Texas
• Decided: October 16, 2003
• Docket: 13-03-00552-CR
• Status: Published

Opinion

NUMBERS 13-03-550-CR, 13-03-551-CR, and 13-03-552-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

SEAN STEWART FOSTER, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 377th District Court of Victoria County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

Appellant, SEAN STEWART FOSTER, attempted to perfect appeals from judgments entered by the 377th District Court of Victoria County, Texas. Sentence in these causes was imposed on August 7, 2003. Untimely motions for new trial were filed on September 17, 2003. The notices of appeal were due to be filed on September 8, 2003, but were not filed until September 17, 2003. Said notices of appeal are untimely filed. Appellant filed untimely motions to permit late filing of the motions for new trial and notices of appeal on September 25, 2003.

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 notices of appeal and motions requesting an extension of time within such period.

The Court, having considered the documents on file, appellant's failure to timely perfect his appeals, and appellant's untimely motions, is of the opinion that the appeals should be dismissed for want of jurisdiction. Appellant's untimely motions to permit late filing of motions for new trial and notices of appeal are dismissed. The appeals are hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

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

Opinion delivered and filed this

the 16^th day of October, 2003.