Jacqueline K. Price v. The State of Texas--Appeal from 173rd District Court of Henderson County

NO. 12-07-00215-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JACQUELINE K. PRICE, APPEAL FROM THE 173RD

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of aggravated assault on a public servant. Sentence was imposed on March 4, 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. Id. Appellant did not file a motion for new trial. Therefore, her notice of appeal was due to have been filed on or before April 3, 2005. However, Appellant did not file her notice of appeal until June 11, 2007 and did not file a motion for extension of time to file her notice of appeal as permitted by Texas Rule of Appellate Procedure 26.3.

On June 14, 2007, 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 her until June 25, 2007 to correct the defect. The deadline has now passed, and Appellant has not furnished information showing the jurisdiction of this court or otherwise responded to this court s 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 appeal must be dismissed. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, the appeal is dismissed for want of jurisdiction.

Opinion delivered June 29, 2007.

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

(DO NOT PUBLISH)