Opinion
No. 13-04-152-CR.
Opinion delivered and filed: May 6, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On appeal from the 24th District Court of Victoria County, Texas.
Before Justices RODRIGUEZ, CASTILLO, and GARZA.
MEMORANDUM OPINION
Appellant, SERVANDO HERNANDEZ, attempted to perfect an appeal from a judgment entered by the 24th District Court of Victoria County, Texas. Sentence in this cause was imposed on December 18, 2003. A timely motion for new trial was filed on January 16, 2004. The notice of appeal was due to be filed on March 17, 2004, but was not filed until March 19, 2004. Said notice of appeal is untimely filed. Appellant filed an untimely motion to permit late filing of the notice of appeal on April 13, 2004. Tex.R.App.P. 26.3 provides that the court of appeals may grant an extension of time for filing notice of appeal if such notice is filed within fifteen days of the last day allowed and within the same period a motion is filed in the court of appeals reasonably explaining the need for such extension. Appellant failed to file his notice of appeal and motion requesting an extension of time within such period. The Court, having considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's untimely motion, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant's untimely motion to permit late filing of notice of appeal is dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.