Jesse Dickerson, Jr. v. State ( 2005 )

  NUMBER 13-05-261-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JESSIE DICKERSON, JR.,                                                  Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

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On appeal from the 36th District Court

of Aransas County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

         Appellant, JESSIE DICKERSON, JR., attempted to perfect an appeal from a judgment entered by the 36th District Court of Aransas County, Texas. Sentence in this cause was imposed on March 3, 2005. An untimely motion for new trial was filed on April 7, 2005. The notice of appeal was due to be filed on April 4, 2005, but was not filed until April 8, 2005. Said notice of appeal is untimely filed. Appellant filed an untimely motion to permit late filing of the notice of appeal on April 27, 2005.

         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 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 dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

                                                                        PER CURIAM

Do not publish.

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

Memorandum Opinion delivered and filed this

the 12th day of May, 2005.