John Ferrell v. State ( 2001 )

John Ferrell v. State of Texas

  IN THE

TENTH COURT OF APPEALS

No. 10-01-293-CR

     JOHN FERRELL,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # FAM-01-15,895

MEMORANDUM OPINION

      Judgment was entered against John Ferrell on June 6, 2001. On September 13, he filed a notice of appeal with the district court. On that same day, Ferrell filed a motion to extend time to file the notice of appeal with the district clerk. He did not file a copy of that motion with this court. We dismiss this case for want of jurisdiction.

      In order to extend time to file the notice of appeal, a party must file the notice of appeal with the trial court and file a motion to extend time with the appellate court. See Tex. R. App. P. 26.3. Although we recognize that the appellate rules allow the trial court to deem that the notice of appeal was filed in the trial court on the same day that it was mistakenly filed in the appellate court, we find no such similar allowance for a misfiled motion to extend time. See Tex. R. App. P. 25.1; See Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996).

      The time for perfecting the appeal in the present case has passed. Therefore, this appeal is dismissed for want of jurisdiction.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed

Opinion delivered and filed October 24, 2001

Do not publish

[CR25]