Court of Civil Appeals of Texas, 2002

Johnny Leroy Forsyth v. State

Johnny Leroy Forsyth v. State
Court of Civil Appeals of Texas · Decided November 27, 2002

Johnny Leroy Forsyth v. State

Opinion

 

 

 

 

 

 

 

                                   NUMBER 13-02-551-CR

 

                             COURT OF APPEALS

 

                   THIRTEENTH DISTRICT OF TEXAS

 

                                CORPUS CHRISTI

__________________________________________________________________

 

JOHNNY LEROY FORSYTH,                                                   Appellant,

 

                                                   v.

 

THE STATE OF TEXAS,                                                          Appellee.

__________________________________________________________________

 

                         On appeal from the 24th District Court

                                 of Calhoun County, Texas.

___________________________________________________________________

 

                                   O P I N I O N

 

                     Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

 


Appellant, JOHNNY LEROY FORSYTH, attempted to perfect an appeal from a judgment entered by the 24th District Court of Calhoun County, Texas.  Sentence in this cause was imposed on August 15, 2002.  No timely motion for new trial was filed.  The notice of appeal was due to be filed on September 16, 2002, but was not filed until September 25, 2002.   Said notice of appeal is untimely filed. 

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 a motion requesting an extension of time within such period.

The Court, having considered the documents on file and appellant's failure to timely perfect his appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction.  The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 27th  day of November, 2002.

 

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