Emmett Lee Simpson, Sr. v. The State of Texas--Appeal from 173rd District Court of Henderson County

NO. 12-05-00103-CR

NO. 12-05-00104-CR

NO. 12-05-00105-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

EMMETT LEE SIMPSON, SR., APPEAL FROM THE 173RD

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

These appeals are being dismissed for want of jurisdiction. Appellant was convicted of the offenses of aggravated sexual assault of a child (trial court cause number A-11,328), indecency with a child (trial court cause number A-11,329), and indecency with a child by exposure (trial court cause number A-11,330). Punishment was assessed at imprisonment for life, twenty years, and five years, respectively. 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 s sentences were imposed on February 26, 2004, and he did not file a motion for new trial. Therefore, his notice of appeal was due to have been filed on or before March 29, 2004. However, Appellant did not file his notice of appeal until March 10, 2005. Moreover, Appellant did not file a timely motion for extension of time to file his notice of appeal as authorized by Texas Rule of Appellate Procedure 26.3.

On March 21, 2005, this Court notified Appellant, pursuant to appellate rules of procedure 26.2 and 37.2, that the clerk s record did not show the jurisdiction of this Court, and it gave him until March 31, 2005 to correct the defect. In response, Appellant filed a request with this Court for permission to file an out-of-time notice of appeal. However, this Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. Therefore, the appeals must be dismissed. See Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998).

The appeals are dismissed for want of jurisdiction.

Opinion delivered April 6, 2005.

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

(DO NOT PUBLISH)