Michael Goode v. State

NUMBER 13-07-279-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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MICHAEL GOODE, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the County Court of Lavaca County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Benavides Memorandum Opinion Per Curiam

   Appellant, MICHAEL GOODE, attempted to perfect an appeal from a judgment entered by the County Court of Lavaca County, Texas. Sentence in this cause was imposed on March 27, 2007. No timely motion for new trial was filed. The notice of appeal was due to be filed on April 26, 2007, but was not filed until April 27, 2007. Said notice of appeal is untimely filed. Appellant filed an untimely motion to permit late filing of the notice of appeal on May 17, 2007.

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Do not publish.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 7th day of June, 2007.