Opinion
No. 13-05-111-CR
Memorandum Opinion Delivered and Filed April 7, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On appeal from the 214th District Court of Nueces County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
Appellant, JOE DAVID PADRON, attempted to perfect an appeal from a judgment entered by the 214th District Court of Nueces County, Texas. Sentence in this cause was imposed on October 21, 2004. A timely motion for new trial was filed on November 19, 2004. The notice of appeal was due to be filed on January 19, 2005, but was not filed until February 8, 2005. Said notice of appeal is untimely filed. Tex.R.App.P. 26.3 provides that the court of appeals may grant an extension of time for filing notice of appeal if such notice is filed within fifteen days of the last day allowed and within the same period a motion is filed in the court of appeals reasonably explaining the need for such extension. Appellant failed to file his notice of appeal and a motion requesting an extension of time within such period. The Court, having considered the documents on file and appellant's failure to timely perfect his appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.