HORACIO GARCIA v. THE STATE OF TEXAS--Appeal from 103rd District Court of Cameron County

NUMBER 13-03-109-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

_______________________________________________________________

HORACIO GARCIA , Appellant,

v.

THE STATE OF TEXAS, Appellee.

_______________________________________________________________

On appeal from the 103rd District Court

of Cameron County, Texas.

________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Opinion Per Curiam

Appellant, HORACIO GARCIA , attempted to perfect an appeal from a judgment entered by the 103rd District Court of Cameron County, Texas. Sentence in this cause was imposed on January 6, 2003 . An untimely motion for new trial was filed on February 14, 2003 . The notice of appeal was due to be filed on February 5, 2003 , but was not filed until February 14, 2003 . Said notice of appeal is untimely filed. Appellant filed an untimely motion to extend time to file notice of appeal on February 24, 2003 .

Tex. R. App. P. 26.3 provides that the court of appeals may grant an extension of time for filing 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 motion requesting an extension of time within such period.

The Court, having considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's untimely motion, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant's untimely motion to extend time to file notice of appeal is dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Opinion delivered and filed this

the 3rd day of April, 2003 .