George Myrick v. The State of Texas--Appeal from 114th District Court of Smith County

NO. 12-05-00336-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

GEORGE MYRICK, APPEAL FROM THE 114TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of the offense of possession of a controlled substance, and punishment was imposed on July 25, 2005. 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. Tex. R. App. P. 26.2(a)(2). Appellant did not file a motion for new trial. Therefore, his notice of appeal was due not later than August 24, 2005. Appellant did not file his notice of appeal until October 14, 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 October 19, 2005, this Court notified Appellant, pursuant to appellate rules 26.2 and 37.2, that the clerk s record did not show the jurisdiction of this Court, and it gave him until November 3, 2005 to correct the defect. Appellant has neither responded to our October 19 notice or otherwise demonstrated 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, 210 (Tex. Crim. App. 1998).

The appeal is dismissed for want of jurisdiction.

Opinion delivered November 16, 2005.

(DO NOT PUBLISH)

[COMMENT1]

 

COURT OF APPEALS

   TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

   JUDGMENT

NOVEMBER 16, 2005

NO. 12-05-00336-CR

GEORGE MYRICK,

Appellant

V.

THE STATE OF TEXAS,

Appellee

_____________________________________________________________________________

Appeal from the 114th Judicial District Court

of Smith County, Texas. (Tr.Ct.No. 114-0193-05)

_____________________________________________________________________________

THIS CAUSE came on to be heard on the transcript of the record; and the same being inspected, it is the opinion of this Court that it is without jurisdiction of the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by the court that this appeal be, and the same is, hereby Dismissed for Want of Jurisdiction, and that this decision be certified to the court below for observance.

By per curiam opinion.

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

 

 THE STATE OF TEXAS

M A N D A T E

*********************************************

TO THE 114TH JUDICIAL DISTRICT COURT OF SMITH COUNTY, GREETINGS:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 16th day of November, 2005, the cause upon appeal to revise or reverse your judgment between

GEORGE MYRICK, Appellant

NO. 12-05-00336-CR; Trial Court No. 114-0193-05

By per curiam opinion.

THE STATE OF TEXAS, Appellee

was determined; and therein our said Court made its order in these words:

THIS CAUSE came on to be heard on the transcript of the record; and the same being inspected, it is the opinion of this Court that it is without jurisdiction of the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by the court that this appeal be, and the same is, hereby Dismissed for Want of Jurisdiction, and that this decision be certified to the court below for observance.

 WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

 WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____.

CATHY S. LUSK, CLERK

By:_______________________________

Deputy Clerk

[COMMENT1]J.11 DISMISSED FOR WANT OF JURISDICTION - Vanilla