Opinion
No. 04-13-00195-CR
05-15-2013
Mattie Leora BROWN, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 361734
Honorable Jason Wolff, Judge Presiding
PER CURIAM Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
DISMISSED FOR WANT OF JURISDICTION
The trial court signed the order sought to be appealed on December 12, 2012. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on January 11, 2013. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on January 28, 2013. TEX. R. APP. P. 26.3. Appellant did not file her notice of appeal until March 19, 2013; appellant did not file a motion for extension of time. This court issued an order on April 16, 2013 directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant filed a written response which did not resolve the jurisdictional defect.
When a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period allowed by Rule 26.3, the appellate court lacks jurisdiction. TEX. R. APP. P. 26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Accordingly, the appeal is dismissed for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH