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Jones v. State

Court of Appeals of Texas, Third District, Austin
Jul 21, 2005
No. 03-05-00402-CV (Tex. App. Jul. 21, 2005)

Opinion

No. 03-05-00402-CV

Filed July 21, 2005.

Appeal from the District Court of Bell County, 146th Judicial District, No. 195,225-B, Honorable Rick Morris, Judge Presiding.

Dismissed for Want of Jurisdiction.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.


MEMORANDUM OPINION


The judgment in this civil forfeiture case was signed on November 22, 2004. No timetable extending documents, such as a motion for new trial, were filed. Accordingly, the notice of appeal was due on December 22, 2005. See Tex.R.App.P. 26.1. The notice of appeal and appellant's "Motion for Leave to File an Out-of-Time Notice of Appeal" were not filed until March 31, 2005, long after the deadline for the notice of appeal and the fifteen-day window to file a motion for extension. See id. 26.1, 26.3. Without a timely notice of appeal, we have no jurisdiction over the appeal. See id. 25.1(b). Accordingly, we must dismiss the appeal for want of jurisdiction. See id. 42.3(a); see also Gibbs v. Allsup Enters., 153 S.W.3d 603, 603 (Tex.App.-Amarillo 2004, pet. denied).

Even were we to use March 8, 2005, apparently the date the document was prepared, the notice would be too late.


Summaries of

Jones v. State

Court of Appeals of Texas, Third District, Austin
Jul 21, 2005
No. 03-05-00402-CV (Tex. App. Jul. 21, 2005)
Case details for

Jones v. State

Case Details

Full title:PATRICK A. JONES, Appellant v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Jul 21, 2005

Citations

No. 03-05-00402-CV (Tex. App. Jul. 21, 2005)