Patrick Randall Poston v. The State of Texas--Appeal from 3rd District Court of Anderson County

NO. 12-02-00368-CR
NO. 12-02-00369-CR
NO. 12-02-00370-CR
NO. 12-02-00371-CR
NO. 12-02-00372-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

PATRICK RANDALL POSTON,

 
APPEAL FROM THE THIRD

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

 
ANDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of various offenses, and punishment was imposed in open court on September 9, 2002. Thereafter, Appellant timely filed a motion for new trial. Consequently, Appellant's notice of appeal was due on December 4, 2002. Tex. R. App. P. 26.2(a)(2). However, Appellant filed his notice of appeal on December 6, 2002. After receiving notice that the record does not show the jurisdiction of this court, Appellant filed a motion for leave to file late notice of appeal.

Appellant's December 6, 2002 notice of appeal is untimely, which leaves us without jurisdiction over the appeal. Furthermore, this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.- Dallas 1998, no pet.). Consequently, Appellant's motion for leave to file late notice of appeal is overruled, and this appeal is dismissed for want of jurisdiction.

 

Opinion delivered January 15, 2003.

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

 
(DO NOT PUBLISH)