Abel Rodriguez v. State ( 2003 )

NUMBER 13-03-156-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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ABEL RODRIGUEZ , Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 105th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Kennedy ⁽¹⁾

Opinion Per Curiam

Appellant, ABEL RODRIGUEZ , attempted to perfect an appeal from a judgment entered by the 105th District Court of Nueces County, Texas. Sentence in this cause was imposed on January 15, 2003 . The notice of appeal was due to be filed on February 14, 2003 , but was not filed until February 28, 2003 . Said notice of appeal is untimely filed. Appellant filed an untimely motion to permit late filing of the notice of appeal on March 18, 2003 .

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, appellant's failure to timely perfect his appeal, and appellant's untimely motion, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant's untimely motion to permit late filing of notice of appeal is denied for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Opinion delivered and filed this

the 10th day of April, 2003 .

1. Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. § 74.003 (Vernon 1998).