Jose Humberto Martinez v. State ( 2004 )

  NUMBER 13-04-548-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________ _______________________

JOSE HUMBERTO MARTINEZ,                                           Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

______________________________________________________ ____________

On appeal from the 107th District Court

of Cameron County, Texas.

___________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Opinion Per Curiam

         Appellant, JOSE HUMBERTO MARTINEZ, attempted to perfect an appeal from a judgment entered by the 107th District Court of Cameron County, Texas. Sentence in this cause was imposed on June 11, 2004. A timely motion for new trial was filed on July 1, 2004. The notice of appeal was due to be filed on September 9, 2004, but was not filed until October 14, 2004. Said notice of appeal is untimely filed. On October 18, 2004, appellant filed an untimely motion for extension of time to file the notice of appeal, a motion to extend time to file motion for extension of time to file notice of appeal, and a motion to suspend the rules.

         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 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 motions, is of the opinion that the appeal should be dismissed for want of jurisdiction. All pending motions are dismissed. 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Do not publish.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 4^th day of November, 2004.