Steven Garza v. State

• Court: Court of Appeals of Texas
• Decided: October 31, 2002
• Docket: 13-02-00522-CR
• Status: Published

Opinion

                                   NUMBER 13-02-522-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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STEVEN GARZA,                                                                  Appellant,

                                                   v.

THE STATE OF TEXAS,                                                          Appellee.

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                        On appeal from the 214th District Court

                                  of Nueces County, Texas.

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                                   O P I N I O N

           Before Chief Justice Valdez and Justices Dorsey and Hinojosa

                                       Opinion Per Curiam

Appellant, STEVEN GARZA, attempted to perfect an appeal from a judgment entered by the 214th District Court of Nueces County, Texas.  Sentence in this cause was imposed on August 8, 2002.  No timely motion for new trial was filed.   The notice of appeal was due to be filed on September 7, 2002, but was not filed until September 16, 2002.   Said notice of appeal is untimely filed.  Appellant filed an untimely motion to permit late filing of the notice of appeal on October 17, 2002.

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 motion requesting an extension of time within such period.

The Court, having considered the documents on file, appellant's failure to timely perfect his appeal, and appellant=s untimely motion, is of the opinion that the appeal should be dismissed for want of jurisdiction.  Appellant=s untimely motion to permit late filing of notice of appeal is dismissed.  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Do not publish.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 31st day of October, 2002.