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Green v. State

Court of Appeals of Texas, Twelfth District, Tyler
May 28, 2004
No. 12-04-00101-CR (Tex. App. May. 28, 2004)

Opinion

No. 12-04-00101-CR

Opinion delivered May 28, 2004. DO NOT PUBLISH.

Appeal from the 7th Judicial District Court of Smith County, Texas.

Panel consisted of WORTHEN, C.J. and GRIFFITH, J. DeVASTO, J., not participating.


MEMORANDUM OPINION


This appeal is being dismissed for want of jurisdiction. Appellant was convicted of the offense of burglary of a habitation, and punishment was imposed in open court on January 30, 2004. Consequently, Appellant's notice of appeal was due to have been filed on or before February 1, 2004. However, Appellant did not file his notice of appeal until March 16, 2004. On May 17, 2004, Appellant was notified that his notice of appeal was untimely and that he did not file a timely motion for an extension of time to file the notice as permitted by Texas Rule of Appellate Procedure 26.3. Appellant was further notified, pursuant to Rule of Appellate Procedure 44.3, that the appeal would be dismissed unless on or before May 27, 2004, we received an amended clerk's record showing the jurisdiction of this Court. On May 19, 2004, Appellant filed a motion requesting that we deem his March 16 notice of appeal timely filed or, in the alternative, grant an extension of time for Appellant to perfect his appeal. Appellant's notice of appeal is untimely, which leaves us without jurisdiction over the appeal. Furthermore, this Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.-Dallas 1998, no pet.). Consequently, we deny Appellant's motion to deem his notice of appeal timely filed or, alternatively, to extend his time for perfecting his appeal. This appeal is dismissed for want of jurisdiction.


Summaries of

Green v. State

Court of Appeals of Texas, Twelfth District, Tyler
May 28, 2004
No. 12-04-00101-CR (Tex. App. May. 28, 2004)
Case details for

Green v. State

Case Details

Full title:CHARLES RAY GREEN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: May 28, 2004

Citations

No. 12-04-00101-CR (Tex. App. May. 28, 2004)

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