Court of Civil Appeals of Texas, 2002

Gabriel Alvarez v. State

Gabriel Alvarez v. State
Court of Civil Appeals of Texas · Decided November 14, 2002

Gabriel Alvarez v. State

Opinion

 

 

 

 

 

 

 

                                   NUMBER 13-02-513-CR

 

                             COURT OF APPEALS

 

                   THIRTEENTH DISTRICT OF TEXAS

 

                                CORPUS CHRISTI

__________________________________________________________________

 

GABRIEL ALVAREZ,                                                              Appellant,

 

                                                   v.

 

THE STATE OF TEXAS,                                                          Appellee.

__________________________________________________________________

 

                         On appeal from the 24th District Court

                                  of Victoria County, Texas.

___________________________________________________________________

 

                                   O P I N I O N

 

                     Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

 


Appellant, GABRIEL ALVAREZ, attempted to perfect an appeal from a judgment entered by the 24th District Court of Victoria County, Texas.  Sentence in this cause was imposed on April 19, 2002.  An untimely motion for new trial was filed on September 16, 2002.   The notice of appeal was due to be filed on May 20, 2002, but was not filed until September 16, 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Do not publish.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 14th day of November, 2002.

 

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