Sergio Canales v. The State of Texas--Appeal from Criminal District Court No. 4 of Dallas County

11th Court of Appeals

Eastland, Texas

Opinion

Sergio Canales

Appellant

Vs. Nos. 11-01-00318-CR, 11-01-00319-CR, & 11-01-00320-CR -- Appeals from Dallas County

State of Texas

Appellee

Sergio Canales pleaded guilty to three counts of aggravated assault. In each case, the trial court convicted appellant; found that he used a motor vehicle as a deadly weapon; and, pursuant to the plea bargain agreements, assessed appellant=s punishment at confinement for nine years. We dismiss the appeals.

The sentence in each case was imposed on July 31, 2001. Appellant did not file a motion for new trial. The notices of appeal were filed in the trial court on September 5, 2001. These notices of appeal were not timely. TEX.R.APP.P. 26.2. A motion to extend the time in which to file the notice of appeal was filed in each case on September 14, 2001, in the trial court. Similar motions were filed in this court on November 7, 2001, in response to our letter requesting that appellant show grounds to continue the appeals.

Pursuant to TEX.R.APP.P. 26.3, a motion for an extension of time in which to file a notice of appeal must be timely filed Ain the appellate court.@ Rule 26.3 provides that an appellate court may extend the time to file a notice of appeal Aif, within 15 days after the deadline for filing the notice of appeal,@ appellant does the following: (1) files the notice of appeal in the trial court and (2) files a proper motion for extension in the appellate court. Appellant did not timely file his motions for extension in the appellate court. Consequently, this court does not have jurisdiction to entertain the appeals. Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App.1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App.1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App.1988); see also Moreno v. State, 954 S.W.2d 97 (Tex.App. - San Antonio 1997, no pet=n); Jones v. State, 900 S.W.2d 421 (Tex.App. - Texarkana 1995, no pet=n).

Therefore, the appeals are dismissed for want of jurisdiction.

PER CURIAM

November 30, 2001

Do not publish. See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.