SIXTO MONTERRUBIO v. THE STATE OF TEXAS--Appeal from 138th District Court of Cameron County

NUMBER 13-05-213-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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SIXTO MONTERRUBIO, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 138th District Court

of Cameron County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellant, SIXTO MONTERRUBIO, attempted to perfect an appeal from an order denying DNA testing entered by the 138th District Court of Cameron County, Texas. The order from which this appeal is taken was signed on February 18, 2005. No timely motion for new trial was filed. The notice of appeal was due to be filed on March 21, 2005, but was not filed until March 24, 2005. Said notice of appeal is untimely filed.

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 a motion requesting an extension of time within such period.

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

PER CURIAM

Do not publish.

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

Memorandum Opinion delivered and filed this

the 28th day of April, 2005.