Eduardo M. Benavides v. Texas Department of Criminal Justice, Institutional Division

CV5-723 TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN  



NO. 03-95-00723-CV



Eduardo M. Benavides, Appellant

v.

Texas Department of Criminal Justice, Institutional Division, Appellee



FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. 94-02570, HONORABLE PAUL R. DAVIS, JUDGE PRESIDING

PER CURIAM

On December 12, 1995, appellant Eduardo M. Benavides filed a "Motion for Extension of Time to File Notice of Appeal." The office of the Clerk of this Court asked appellant for proof of timely filing of the motion for new trial referred to in his motion and of the filing date of his perfecting instrument. Appellant was also cautioned that it was his responsibility to tender a transcript to this Court. Tex. R. App. P. 50(d). Appellant has supplied no proof that his motion for new trial was timely. However, assuming the judgment was signed on the date alleged, and even assuming a timely motion for new trial, the transcript is late. The transcript was due by December 27, 1995, with any extension of time to file a transcript due by January 11, 1996. Tex. R. App. P. 54(a), (c). To date, neither the transcript nor a motion for extension of time to file the transcript has been received. Accordingly, we dismiss the appeal.

Appellant's pending "Motion for Extension of Time to File Notice of Appeal" is dismissed.

Before Chief Justice Carroll, Justices Aboussie and Kidd

Appeal Dismissed

Filed: March 6, 1996

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