Steven James Elsik v. State

• Court: Court of Appeals of Texas
• Decided: October 10, 2002
• Docket: 13-02-00403-CR
• Status: Published

Opinion

                                   NUMBER 13-02-403-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

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STEVEN JAMES ELSIK,                                                         Appellant,

                                                   v.

THE STATE OF TEXAS,                                                          Appellee.

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                         On appeal from the 24th District Court

                                  of Victoria County, Texas.

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                                   O P I N I O N

                     Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellant, STEVEN JAMES ELSIK, attempted to perfect an appeal from a judgment entered by the 24th District Court of Victoria County, Texas.  Sentence in this cause was imposed on April 18, 2002.  No timely motion for new trial was filed.  The notice of appeal was due to be filed on May 20, 2002, but was not filed until June 26, 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Do not publish.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 10^th day of October, 2002.