Rashaan Kevin Golden v. The State of Texas--Appeal from 241st District Court of Smith County

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lee, elmer edward v. state NO. 12-02-00310-CR
NO. 12-02-00311-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

RASHAAN GOLDEN,

 
APPEAL FROM THE 241ST

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

 
SMITH COUNTY, TEXAS
PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of the offenses of injury to a child and abandoning a child. On November 1, 2001, punishment was assessed at sixty years and twenty years of imprisonment, respectively. Appellant did not file a motion for new trial. Texas Rule of Appellate Procedure 26.2 (1) provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. Id. Since Appellant did not file a motion for new trial, his notice of appeal was due to have been filed on or before December 3, 2001. However, Appellant did not file his notice of appeal until October 24, 2002. Moreover, Appellant did not file a timely motion for extension of time to file his notice of appeal as authorized by Tex. R. App. P. 26.3. (2)

On December 2, 2002, this court notified Appellant, pursuant to Rules 26.2 and 37.2, that the clerk's record did not show the jurisdiction of this court, and it gave him fifteen days to correct the defect. On December 12, 2002, Appellant responded to this court's notice, but was unable to demonstrate the jurisdiction of this court. Because this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeal must be dismissed. See Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998).

The appeal is dismissed for want of jurisdiction.

Opinion delivered December 12, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

 
(DO NOT PUBLISH)

1. All further rule references will be to the current version of the Texas Rules of Appellate Procedure unless otherwise specified.

2. Rule 26.3 permits an appellate court to extend the time for filing a notice of appeal if, within fifteen days after the deadline for filing the notice of appeal, the party files a notice of appeal in the trial court and files in the appellate court a motion complying with Rule 10.5(b).