George Campos v. The State of Texas--Appeal from County Court at Law No. 1 of Hays County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-93-201-CR
GEORGE CAMPOS,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY
NO. 37,621, HONORABLE HOWARD S. WARNER, II, JUDGE PRESIDING

PER CURIAM

George Campos seeks to appeal from a judgment of conviction for assault. The punishment is incarceration for one year and a $250 fine, probated.

The deadline for filing notice of appeal in this cause was April 7, 1993. Tex. R. App. P. 41(b)(1). On April 21, Campos timely filed a motion for extension of time for filing notice of appeal. Tex. R. App. P. 41(b)(2). In a subsequent amended motion requested by this Court, counsel for Campos stated that written notice of appeal was filed with the clerk of the trial court on April 21. This Court granted the amended motion for extension of time to file notice of appeal.

This Court has now received the transcript in this cause. The transcript reflects that notice of appeal was not filed with the county clerk on April 21 as stated by counsel in the amended motion for extension of time, but instead was filed with the county clerk on June 11, 1993. This is long after the time prescribed by rule 41(b)(2). The notice of appeal states that it "is filed within the time allowed by the Appeals Court of the State of Texas, Third Supreme Judicial District under Cause Number 3-93-201-CR." This statement is not correct. This Court granted the amended motion for extension of time to file notice of appeal on the basis of the facts stated in the motion, among them that the notice of appeal had been filed on April 21. This Court did not extend the time for filing the notice of appeal beyond that date.

Without a timely filed notice of appeal, this Court is without jurisdiction. Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). The appeal is dismissed.

 

[Before Chief Justice Carroll, Justices Aboussie and Jones]

Dismissed

Filed: June 23, 1993

[Do Not Publish]