NUMBER 13-03-647-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

________________________________________________________

JAMES LANDRY,                                                              Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

________________________________________________________

On appeal from the 130th District Court

of Matagorda County, Texas.

_________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

         Appellant, JAMES LANDRY, attempted to perfect an appeal from an order entered by the 130th District Court of Matagorda County, Texas. The order denying DNA testing was signed on August 5, 2003. No timely motion for new trial was filed. The notice of appeal was due to be filed on September 4, 2003, but was not filed until October 9, 2003. 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Do not publish.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. 47.2(b).

Opinion delivered and filed this

the 5^th day of February, 2004.