Opinion
Nos. 12-05-00218-CR, 12-05-00219-CR, 12-05-00220-CR, 12-05-00221-CR, 12-05-00222-CR
Opinion Delivered July 29, 2005. DO NOT PUBLISH.
Appeal from the County Court at Law of Smith County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
These appeals are being dismissed for want of jurisdiction. Appellant attempts to appeal his conviction and sentence in five trial court cause numbers. The sentence in each of these cases was imposed more than two years ago. Texas Rule of Appellate 26.2 provides that an appeal is perfected when a notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. TEX. R. APP. P. 26.2. Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. Id. Appellant did not file a motion for new trial in any of the five cases. Even if he had done so, however, his notice of appeal is untimely because each of his sentences were imposed more than two years ago. On July 12, 2005, this Court notified Appellant that the information received in these appeals did not show the jurisdiction of this Court, and it gave him until July 27, 2005 to correct the defect. In response to our notice, Appellant filed a motion for extension of time to comply with our notice. The motion was denied. Because this Court has no authority to allow the late filing of a notice of appeal except as provided by Texas Rule of Appellate Procedure 26.3, the appeals must be dismissed. SeeSlaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). Accordingly, the appeals are dismissed for want ofjurisdiction.
On November 13, 2003, we dismissed appeals from trial court cause numbers 001-84155-01 and 001-85727-02 for want of jurisdiction. SeeTimmons v. State, Nos. 12-03-00353-CR, 12-03-000354-CR (Tex.App.-Tyler Nov. 13, 2003, no pet.). On April 24, 2004, we again dismissed appeals from trial court cause numbers 001-84155-01 and 001-85727-02, as well as from trial court cause numbers 002-81072-03 and 03-81121-02, for want of jurisdiction. SeeTimmons v. State, Nos. 12-04-00096-CR, 12-04-00097-CR, 12-04-00098-CR, 12-04-00099-CR, 2004 WL 856, 966 (Tex.App.-Tyler Apr. 21, 2004, no pet.). Four of the instant appeals are from the same cause numbers.