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NUMBER 13-05-427-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
_ _________________________________________________________________
RAFAEL HINOJOSA A/K/A RAFAEL HINOJOSA III, Appellant,
v.
THE STATE OF TEXAS, Appellee.
_ _________________________________________________________________
On appeal from the 103rd District Court
of Cameron County, Texas.
___________________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Castillo, and Garza
Memorandum Opinion Per Curiam
Appellant, RAFAEL HINOJOSA A/K/A RAFAEL HINOJOSA III, attempted to perfect an appeal from a judgment entered by the 103rd District Court of Cameron County, Texas. Sentence in this cause was imposed on April 8, 2005. An untimely motion for new trial was filed on May 18, 2005. The notice of appeal was due to be filed on May 8, 2005, but was not filed until July 5, 2005. 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 State has filed a motion to dismiss the appeal for want of jurisdiction.
The Court, having considered the documents on file, appellant's failure to timely perfect his appeal, and the State=s motion to dismiss the appeal for want of jurisdiction, is of the opinion that the appeal should be dismissed for want of jurisdiction. The State=s motion to dismiss the appeal for want of jurisdiction is GRANTED. 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Do not publish.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 10th day of November, 2005.