Warner Woodard v. State ( 2000 )

NUMBERS 13-00-581-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

__________________________________________________________________

WARNER WOODARD

, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 347th District Court of Nueces County, Texas.

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O P I N I O N

Before Chief Justice Seerden, and Justices Hinojosa and Chavez Opinion Per Curiam

Appellant, WARNER WOODARD, attempted to perfect an appeal from a judgment entered by the 347th District Court of Nueces County, Texas. Sentence in this cause was imposed on March 9, 2000. No timely motion for new trial was filed. The notice of appeal was due to be filed on April 8, 2000, but was not filed until September 21, 2000. 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 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Do not publish.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 21^st day of December, 2000.