Opinion
NO. 12-12-00255-CV
08-15-2012
ALBERT CAMERON, JR., APPELLANT v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE-INSTITUTIONAL DIVISION, APPELLEE
APPEAL FROM THE
COUNTY COURT AT LAW
ANDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of Appellate Procedure 42.3(a). The trial court's judgment was signed on June 19, 2012. Under rule of appellate procedure 26.1, the notice of appeal must be filed within thirty days after the judgment is signed. Appellant, Albert Cameron, Jr., did not file a motion for new trial. See TEX. R. APP. P. 26.1(a) (providing that notice of appeal must be filed within ninety days after judgment signed if any party timely files motion for new trial). Therefore, his notice of appeal was due to have been filed no later than July 19, 2012. Cameron did not file his notice of appeal until July 24, 2012. Because the notice of appeal was not filed on or before July 19, 2012, it was untimely.
On August 1, 2012, this court notified Cameron pursuant to Texas Rules of Appellate Procedure 37.1 and 42.3 that his notice of appeal was untimely, but that this court would imply a motion to extend the time for filing the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 615 (Tex. 1997). Cameron was further informed that the appeal would be dismissed unless, on or before August 13, 2012, he informed the court in writing of facts that reasonably explain his need for an extension of time to file the notice of appeal. On August 13, 2012, Cameron filed a motion to extend the time for filing his notice of appeal. In his motion, Cameron explained his failure to comply with other rules of appellate procedure, but did not address why he needed an extension of time to file his notice of appeal. Therefore, Cameron has failed to comply with this court's August 1, 2012 notice.
Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, Cameron's motion for extension of time to file his notice of appeal is overruled, and the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)
NO. 12-12-00255-CV
ALBERT CAMERON, JR., Appellant
v.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE - INSTITUTIONAL DIVISION, Appellee
Appeal from the County Court at Law
of Anderson County, Texas. (Tr.Ct.No. 369-12-4746)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.