John Mark Gutierrez v. State

 

 

 

 

 

 

                             NUMBER 13-06-294-CR

 

                         COURT OF APPEALS

 

               THIRTEENTH DISTRICT OF TEXAS

 

                  CORPUS CHRISTI - EDINBURG

_________________________________________________________________  _

 

JOHN MARK GUTIERREZ,                                          Appellant,

 

                                           v.

 

THE STATE OF TEXAS,                                              Appellee.

__________________________________________________________________ 

 

                  On appeal from the 148th District Court

                           of Nueces County, Texas.

___________________________________________________________________

 

                     MEMORANDUM OPINION

 

     Before Chief Justice Valdez and Justices Rodriguez and Garza

                       Memorandum Opinion Per Curiam

 


Appellant, JOHN MARK GUTIERREZ, attempted to perfect an appeal from a judgment entered by the 148th District Court of Nueces County, Texas.  Sentence in this cause was imposed on February 10, 2005.  No timely motion for new trial was filed.   The notice of appeal was due to be filed on March 14, 2005, but was not filed until May 31, 2006.   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Do not publish.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 20th day of July, 2006.