Clair Audrey Wolf v. The State of Texas--Appeal from County Court of San Augustine County

NO. 12-07-00457-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CLAIR AUDREY WOLF, APPEAL FROM THE

APPELLANT

V. COUNTY COURT OF

THE STATE OF TEXAS,

APPELLEE SAN AUGUSTINE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of cruelty to animals. Sentence was imposed on October 24, 2007.

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. Tex. R. App. P. 26.2(a)(1). 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, her notice of appeal was due to have been filed on or before November 23, 2007. However, Appellant did not file her notice of appeal until November 28, 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 December 7, 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 December 17, 2007 to correct the defect. This deadline has now passed, and Appellant has neither shown the jurisdiction of this court or otherwise responded to its December 7, 2007 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 December 21, 2007.

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

(DO NOT PUBLISH)