Billy Jo Guzman v. State





 


                                 NUMB ER 13-04-422-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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BILLY JO GUZMAN,                                                          Appellant,


v.


THE STATE OF TEXAS,                                                      Appellee.

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On appeal from the 197th District Court

of Cameron County, Texas.

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MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Hinojosa and Yanez

Memorandum Opinion Per Curiam


         Appellant, BILLY JO GUZMAN, attempted to perfect an appeal from a judgment entered by the 197th District Court of Cameron County, Texas. Sentence in this cause was imposed on September 22, 2000. No timely motion for new trial was filed. The notice of appeal was due to be filed on October 23, 2000, but was not filed until July 23, 2004. 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Do not publish.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 16th day of September, 2004.