Steven Garza v. State

Court of Appeals of Texas·Decided November 21, 2002·No. 13-02-00572-CR·Published

Opinion

                                           NUMBER 13-02-572-CR

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                                    CORPUS CHRISTI

________________________________________________________________

STEVE GARZA,                                                                                 Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                    Appellee.

________________________________________________________________

                             On appeal from the 347th District Court

                                        of Nueces County, Texas.

________________________________________________________________

                                          O P I N I O N

                         Before Justices Dorsey, Rodriguez, and Castillo

                                               Opinion Per Curiam


Appellant, STEVE GARZA, attempted to perfect an appeal from a judgment entered by the 347th District Court of Nueces County, Texas.  Sentence in this cause was imposed on August 12, 2002.  No timely motion for new trial was filed.   The notice of appeal was due to be filed on September 11, 2002, but was not filed until October 22, 2002.   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Do not publish.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. 47.3.

Opinion delivered and filed this

the 21st day of November, 2002.

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