11th Court of Appeals

Eastland, Texas

Opinion

Jorge Acuna Bustamante

            Appellant

Vs.                  No. 11-04-00059-CR -- Appeal from Erath County

State of Texas

            Appellee

            On March 1, 2004, Jorge Acuna Bustamante filed in this court a motion to extend the time to file a notice of appeal. In his motion, appellant states that the trial court denied his motion for DNA testing on January 7, 2004; that his notice of appeal was due to be filed on February 6, 2004; and that he filed his notice of appeal on February 25, 2004. The motion is overruled.

            Pursuant to TEX.R.APP.P. 26.2, the notice of appeal was due to be filed in the trial court on or before February 6, 2004. Pursuant to TEX.R.APP.P. 26.3, to extend the time for perfecting an appeal, the notice of appeal should have been filed with the clerk of the trial court on or before February 23, 2004, and the motion for extension of time should have been filed in this court on or before February 23, 2004. Neither the notice of appeal nor the motion were timely filed. Absent a timely notice of appeal or the granting of a timely motion for extension of time, this court does not have jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App. 1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App. 1988).

            The motion is overruled, and the appeal is dismissed for want of jurisdiction.

                                                                                                PER CURIAM

March 4, 2004

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.