Eric Landreth v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00508-CR
Eric LANDRETH,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-3266-W
Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 20, 2003

DISMISSED FOR LACK OF JURISDICTION

On July 9, 2003, Eric Landreth filed a motion for leave to file a late notice of appeal. The trial court imposed sentence on May 27, 2003. Landreth did not file a motion for new trial. Landreth's notice of appeal was, therefore, due on June 26, 2003. Tex. R. App. P. 26.2. A motion for extension of time to file the notice of appeal was due on July 11, 2003. Tex. R. App. P. 26.3. Landreth timely filed his motion for extension of time on July 9, 2003.

In our order of July 17, 2003, we noted that we can only extend the time to file a notice of appeal if, within fifteen days after the deadline for filing the notice of appeal, the defendant (1) files the notice of appeal in the trial court, and (2) files a motion for extension of time in the appellate court. Tex. R. App. P. 26.3. Landreth complied with the second requirement by timely filing his motion for extension of time. However, Landreth did not show that he had complied with the first requirement, filing the notice of appeal in the trial court within fifteen days after the deadline for filing the notice of appeal. Here, fifteen days after the deadline for filing the notice of appeal is July 11, 2003. We, therefore, ordered Landreth to show cause that he had filed his notice of appeal in the trial court on or before July 11, 2003. We warned that unless Landreth had filed his notice of appeal in the trial court on or before July 11, 2003, we would have no jurisdiction over this appeal.

In response to our show cause order, Landreth's attorney states that by the time he was notified of Landreth's desire to appeal, "time had expired for [Landreth] to file [the] notice of appeal." We, therefore, dismiss this appeal for lack of jurisdiction. Because we have no jurisdiction, we also dismiss Landreth's motion for leave to file a late notice of appeal and his motion to obtain the transcript for lack of jurisdiction.

PER CURIAM

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