CHARLES GARZA v. THE STATE OF TEXAS--Appeal from 347th District Court of Nueces County

NUMBER 13-06-566-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

_____________________________________________________________ _____

 

CHARLES GARZA, Appellant,

 
v.

THE STATE OF TEXAS, Appellee.

_____________________________________________________________ _____

 
On appeal from the 347th District Court
of Nueces County, Texas.

___________________________________________________________________

 
MEMORANDUM OPINION
Before Justices Ya ez, Rodriguez, and Garza
Memorandum Opinion Per Curiam

Appellant, CHARLES 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 October 17, 2005. No timely motion for new trial was filed. The notice of appeal was due to be filed on November 16, 2005, but was not filed until September 18, 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 a 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Do not publish.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 2nd day of November, 2006.