Court of Civil Appeals of Texas, 2005

Jesse Dickerson, Jr. v. State

Jesse Dickerson, Jr. v. State
Court of Civil Appeals of Texas · Decided May 12, 2005

Jesse Dickerson, Jr. v. State

Opinion






NUMBER 13-05-261-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

__________________________________________________________________


JESSIE DICKERSON, JR.,                                                  Appellant,


v.


THE STATE OF TEXAS,                                                      Appellee.

__________________________________________________________________


On appeal from the 36th District Court

of Aransas County, Texas.

___________________________________________________________________


MEMORANDUM OPINION


Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam


         Appellant, JESSIE DICKERSON, JR., attempted to perfect an appeal from a judgment entered by the 36th District Court of Aransas County, Texas. Sentence in this cause was imposed on March 3, 2005. An untimely motion for new trial was filed on April 7, 2005. The notice of appeal was due to be filed on April 4, 2005, but was not filed until April 8, 2005. Said notice of appeal is untimely filed. Appellant filed an untimely motion to permit late filing of the notice of appeal on April 27, 2005.

         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Do not publish.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 12th day of May, 2005.

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