Gustavo Calles Enriquez, A/K/A Jose Huan Hernandez-Garcia and Guadalupe Olvera, III v. State






NUMBER 13-05-269-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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GUSTAVO CALLES ENRIQUEZ A/K/A JOSE JUAN

HERNANDEZ-GARCIA AND GUADALUPE OLVERA, III,         Appellants,


v.


THE STATE OF TEXAS,                                                      Appellee.

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On appeal from County Court at Law No. 2

of Cameron County, Texas

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MEMORANDUM OPINION


Before Justices Hinojosa, Castillo, and Garza

Memorandum Opinion Per Curiam


         Appellants, GUSTAVO CALLES ENRIQUEZ A/K/A JOSE JUAN HERNANDEZ-GARCIA AND GUADALUPE OLVERA, III, attempted to perfect an appeal from a judgment entered by County Court at Law No. 2 of Cameron County, Texas, in cause number 2004-CCL-701-B. Judgment in this cause was signed on October 4, 2004. A timely motion for new trial was filed on October 15, 2004. Pursuant to Tex. R. App. P. 26.1, appellants’ notice of appeal was due on January 3, 2005, but was not filed until March 4, 2005.

         Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellants were advised that, if the defect was not corrected within ten days from the date of receipt of this Court’s letter, the appeal would be dismissed. Appellants’ response was received on May 4, 2005; however, said response fails to correct the defect or show the jurisdiction of this Court.

         The Court, having examined and fully considered the documents on file, appellants’ failure to timely perfect his appeal, and appellants’ failure to correct the defect, 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



Memorandum Opinion delivered and filed this

the 19th day of May, 2005.