NO. 12-01-00343-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
CADE SCOTT PHILLIPS,§ APPEAL FROM THE
APPELLANT
V.§ COUNTY COURT AT LAW # 3 OF
THE STATE OF TEXAS,
APPELLEE§ SMITH COUNTY, TEXAS
PER CURIAM
This appeal is being dismissed for want of jurisdiction. On August 10, 2001, Appellant pleaded guilty to the offense of fleeing, and punishment was assessed at one year in the county jail and a $1,000.00 fine. Thereafter, Appellant timely filed a motion for new trial. Texas Rule of Appellate Procedure 26.2 (1) provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. Id. Since Appellant timely filed a motion for new trial, his notice of appeal was due to have been filed on or before November 8, 2001. However, Appellant did not file his notice of appeal until November 16, 2001. Moreover, Appellant did not file a timely motion for extension of time to file his notice of appeal as authorized by Tex. R. App. P. 26.3.
On November 27, 2001, this Court notified Appellant pursuant to Rules 26.2 and 37.2, that the information received in this appeal did not show the jurisdiction of this Court, and it gave him until December 7, 2001 to correct the defect. As of December 12, 2001, Appellant has failed to respond to our notice or otherwise demonstrate the jurisdiction of this Court. Because this Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3, the appeal must be dismissed. See Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998).
The appeal is dismissed for want of jurisdiction.
Opinion delivered December 19, 2001.
Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.
(DO NOT PUBLISH)
1. All further rule references will be to the current edition of the Texas Rules of Appellate Procedure unless otherwise specified.