Helm Jr., James Glenn v. The Attorney General of Texas--Appeal from 303rd Judicial District Court of Dallas County (memorandum opinion )
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1)ISMISS: Opinion filed November 30, 2012 in [he nurt nf Appiata 1 FiftI Thtrirt uf !Jixa6 at a1Iw5 No. 05-12-01254-CV JAMES GLEN hELM, JR., Appellant V. THE ATTORNEY (;ENERAL OF TEXAS, Appelice On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-97-09259 MEMORANDUM OPINION Before Justices Richter, Lang-Miers, and Myers Opinion By Justice Lang-Miers By letter dated October 24, 2012, the Court notified appellant that his notice of appeal was untimely. We informed appellant that his notice of appeal was filed within the fifteen-day grace period and that he could remedy the problem by filing and extension motion within ten days. See TEX. R. APP. P. 26.3. As of today s date, appellant has not filed a motion for an extension of time to file a notice of appeal. If no post-judgment motion extending the appellate timetable is filed, a notice of appeal is due thirty days afier the date the judgment is signed. See TEx. R. App. P. 26.1. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEx. R. App. P.25.1(b). Appellant is appealing ajudgment signed on July 17, 2012. Appellant did not file any post- judgment motion that extended the appellate timetable, Accordingly, the notice of appeal was due on August 16, 2012. See TEX. R. APP. P. 26.1. Appellant filed his notice of appeal on August 17, 2012. i3ecause appellant did not timely file his notice of appeal, this Court lacks jurisdiction. We dismiss the appeal. See TEX. R. App. P. 42.3(a). FR LANGMlERS JUST 121 254F.P05 2 / (!nttrt tif ;ipci{i Fift1i Ditrirt tif at Ja11a JUDGMENT JAMES GLEN HELM, JR., Appellant No. 05-12-01254-CV V THE ATTORNFV GENERAL OF TEXAS. Appellee Based on the Courts opinion of this date, Appeal from the 303rd Judicial District Court of Dallas County, Texas, (Tr.Ct.No. DF-9709259). Opinion delivered by Justice Lang Miers. Justices Richter and Myers. participating. the appeal is 1)1 SNI ISSED. It is ORDIf RED that appellee, the Attorney General of Texas, recover its costs of the appeal from appellant, James Glen Helm, Jr. Judgment entered November 30, 2012. I .LIZABLI I I I AN( i-\ I FIRS JIjS I I( l.
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