JOHN MARK GUTIERREZ v. THE STATE OF TEXAS--Appeal from 148th District Court of Nueces County

NUMBER 13-06-294-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________________ _

  JOHN MARK GUTIERREZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 148th District Court

of Nueces County, Texas.

___________________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

Appellant, JOHN MARK GUTIERREZ, attempted to perfect an appeal from a judgment entered by the 148th District Court of Nueces County, Texas. Sentence in this cause was imposed on February 10, 2005. No timely motion for new trial was filed. The notice of appeal was due to be filed on March 14, 2005, but was not filed until May 31, 2006. 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Do not publish.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. 47.2(b).

Memorandum Opinion delivered and

filed this the 20th day of July, 2006.