Travis Wade Johnson v. State

• Court: Court of Appeals of Texas
• Decided: May 17, 2006
• Docket: 12-06-00149-CR
• Status: Published

Opinion

lee, elmer edward v. state

                NO. 12-06-00149-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TRAVIS WADE JOHNSON,           §          APPEAL FROM THE 402ND

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          WOOD COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  Appellant was convicted of aggravated assault causing serious bodily injury to a family member.  Sentence was imposed on August 5, 2004.  Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed.  Tex. R. App. P. 26.2(a)(1).  Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court.  Tex. R. App. P. 26.2(a)(2).  Since Appellant did not file a motion for new trial, his notice of appeal was due to have been filed on or before September 4, 2004.  Appellant’s notice of appeal was not filed until May 3, 2006.  Moreover, Appellant did not file a timely motion for extension of time to file his notice of appeal as authorized by Texas Rule of Appellate Procedure 26.3. 

            On May 3, 2006, this Court notified Appellant, pursuant to Rule 26.2 and 37.2, that the clerk’s record did not show the jurisdiction of this Court, and it gave him until May 15, 2006 to correct the defect.  However, Appellant has neither responded to our May 3 notice or otherwise shown the jurisdiction of this Court.  Because this Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeal must be dismissed.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). 

            The appeal is dismissed for want of jurisdiction. 

Opinion delivered May 17, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)

[1] 

---

 [1]J.11         DISMISSED FOR WANT OF JURISDICTION - Vanilla