Opinion
NO. 12-11-00311-CR
10-19-2011
JODYFORD MCCREARY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 7TH
JUDICIAL DISTRICT COURT
SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Appellant has filed a "Notice of Out of Time Appeal," which includes a detailed explanation of why the notice of appeal was late. On October 4, 2011, this court advised Appellant that the notice of appeal was untimely, and that there was no timely motion for an extension of time as permitted by the rules of appellate procedure. See TEX. R. APP. P. 26.2, 26.3. Appellant was further advised that the appeal would be dismissed unless, on or before October 14, 2011, the information filed in the appeal was amended to show the jurisdiction of this court. On October 13, 2011, Appellant filed a response to the October 4, 2011 notice, but did not show the jurisdiction of this court. Accordingly, this appeal is dismissed for want of jurisdiction. TEX. R. APP. P. 44.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (timely notice of appeal necessary to invoke court of appeals' jurisdiction). Panel consisted of Worthen , C J., Griffith, J., and Hoyle, J.