Court of Civil Appeals of Texas, 2007

Juan Francisco Luna v. State

Juan Francisco Luna v. State
Court of Civil Appeals of Texas · Decided September 20, 2007

Juan Francisco Luna v. State

Opinion









NUMBER 13-07-246-CR



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG

_________________________________________________________



JUAN FRANCISCO LUNA, Appellant,



v.


THE STATE OF TEXAS, Appellee.

_________________________________________________________



On appeal from the 36th District Court

of San Patricio County, Texas.

________________________________________________________



MEMORANDUM OPINION



Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam



Appellant, JUAN FRANCISCO LUNA, attempted to perfect an appeal from a judgment entered by the 36th District Court of San Patricio County, Texas. Sentence in this cause was imposed on June 28, 2007. No timely motion for new trial was filed. The notice of appeal was due to be filed on July 30, 2007, but was not filed until August 3, 2007. 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Do not publish.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).

Memorandum Opinion delivered and filed this

the 20th day of September, 2007.









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