Rickey T. Terry v. State

NO NO. 12-06-00241-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS RICKEY T. TERRY, § APPEAL FROM THE 114TH APPELLANT V. § JUDICIAL DISTRICT COURT OF THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of jurisdiction. Appellant was convicted of the offense of driving while intoxicated (third offense), and punishment was imposed in open court on May 12, 2006. Appellant did not file a motion for new trial. Consequently, Appellant’s notice of appeal was due on June 11, 2006. See Tex. R. App. P. 26.2(a)(2). However, Appellant filed his notice of appeal on July 10, 2006. Contemporaneously with his notice of appeal, Appellant filed a motion for extension of time to file his notice of appeal. An appellate court may extend the time to file the notice of appeal if, within 15 days after the deadline for filing the notice of appeal, the party files the notice of appeal in the trial court and files in the appellate court a motion complying with Texas Rule of Appellate Procedure 10.5(b). In this case, Appellant's motion for extension of time was due to have been filed on or before June 26, 2006. Because Appellant's notice of appeal and his motion for extension of time were filed on July 10, 2006, the notice of appeal and the motion are untimely, which leaves us without jurisdiction over the appeal. Furthermore, this Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.—Dallas 1998, no pet.). Accordingly, Appellant's motion for extension of time to file the notice of appeal is overruled, and this appeal is dismissed for want of jurisdiction. Opinion delivered July 12, 2006. Panel consisted of Worthen, C.J. and Griffith, J. (DO NOT PUBLISH) [1] COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JULY 12, 2006 NO. 12-06-00241-CR RICKEY T. TERRY, Appellant V. THE STATE OF TEXAS, Appellee _____________________________________________________________________________ Appeal from the 114th Judicial District/County Court of Smith County, Texas. (Tr.Ct.No. 114-0390-06) _____________________________________________________________________________ THIS CAUSE came on to be heard on the transcript of the record; and the same being inspected, it is the opinion of the Court that this Court is without jurisdiction of the appeal, and that the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby Dismissed for Want of Jurisdiction, and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J. and Griffith, J. THE STATE OF TEXAS M A N D A T E ********************************************* TO THE 114TH JUDICIAL DISTRICT COURT OF SMITH COUNTY, GREETINGS: Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 12th day of July, 2006, the cause upon appeal to revise or reverse your judgment between RICKEY T. TERRY, Appellant NO. 12-06-00241-CR; Trial Court No. 114-0390-06 By per curiam opinion. THE STATE OF TEXAS, Appellee was determined; and therein our said Court made its order in these words: “THIS CAUSE came on to be heard on the transcript of the record; and the same being inspected, it is the opinion of the Court that this Court is without jurisdiction of the appeal, and that the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby Dismissed for Want of Jurisdiction, and that this decision be certified to the court below for observance.” WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed. WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____. CATHY S. LUSK, CLERK By:_______________________________ Deputy Clerk [1]J.11 DISMISSED FOR WANT OF JURISDICTION - Vanilla