Rodger Dale Monk v. The State of Texas--Appeal from 8th District Court of Hopkins County

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lee, elmer edward v. state NO. 12-03-00213-CR
NO. 12-03-00214-CR
NO. 12-03-00215-CR
NO. 12-03-00216-CR
NO. 12-03-00217-CR
NO. 12-03-00218-CR
NO. 12-03-00219-CR
NO. 12-03-00220-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

RODGER DALE MONK,

 
APPEALS FROM THE 8TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

 
HOPKINS COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM

These appeals are being dismissed for want of jurisdiction. Appellant pleaded guilty to multiple counts of aggravated sexual assault of a child, sexual assault of a child, and indecency with a child. The jury assessed punishment at imprisonment for life in the aggravated sexual assault cases and twenty years of imprisonment on each of the remaining cases. Sentence was imposed on November 13, 2002. Texas Rule of Appellate Procedure 26.2 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. Appellant filed a motion for new trial, and his notice of appeal was therefore required to be filed or before February 11, 2003. However, Appellant did not file his notice of appeal until July 1, 2003. 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.

On July 7, 2003, this court notified Appellant pursuant to Texas Rules of Appellate Procedure 26.2 and 37.2 that the clerk's record did not show the jurisdiction of this court, and it gave him ten days to correct the defect. The deadline has expired, and Appellant failed to respond to the notice. Because this court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeals must be dismissed. See Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998).

These appeals are dismissed for want of jurisdiction.

Opinion delivered August 27, 2003.

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

 
(DO NOT PUBLISH)

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