Opinion
No. 05-03-00907-CV
Opinion issued August 11, 2003
On Appeal from the County Court of Criminal Appeals No. 2, Dallas County, Texas, Trial Court Cause No. 02-48841-M
DISMISSED
Before Justices MORRIS, WRIGHT, and MOSELEY
MEMORANDUM OPINION
By letter dated June 20, 2003, the Court directed appellant to pay the $125 filing fee for this appeal within ten days of the date of the letter. The letter warned appellant that failure to comply would result in dismissal of the appeal.
By letter dated June 24, 2003, the Court directed appellant to file a jurisdictional letter brief, within ten days of the date of the letter, explaining how the Court had jurisdiction over appellant's appeal because the notice of appeal was filed after the deadline had expired. The letter warned appellant that failure to comply would result in dismissal of the appeal. The judgment being appealed was signed February 6, 2003. A motion for new trial was filed March 3, 2003. A notice of appeal must be filed within ninety days of the date of the judgment if a timely filed motion for new trial is filed. Tex.R.App.P. 26.1(a)(1). Thus, the notice of appeal in this case was due May 7, 2003. The notice of appeal was filed June 5, 2003. The Court concludes it does not have jurisdiction over this appeal because the notice of appeal was not timely filed.
Accordingly, the Court dismisses the appeal for want of jurisdiction because the notice of appeal was not timely filed and for want of prosecution because appellant has failed to pay the filing fee and failed to file a letter brief addressing the Court's jurisdictional question. Tex.R.App.P. 42.3