## NO. 12

- 13

- 00259

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

NIJINSKI TYWON MURPH Y,
APPELLANT

V.

THE STATE OF TEXAS,
APPELLEE §

§

§ APPEAL FROM THE 420T H

JUDICIAL DISTRICT COURT

NACOGDOCHES COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM This appeal is being dismissed for want of jurisdiction. The trial court revoked

Appellant’s community supervision and, on May 8, 2013, sentenced him in open court to

imprisonment for eight years.

Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice

of appeal is filed within thirty days after the day sentence is imposed or suspended in open court

unless a motion for new trial is timely filed. T EX

. R. A PP

. P. 26.2(a)(1). Appellant did not file a

motion for new trial. Therefore, his notice of appeal was to have been filed no later than June 7,

2013. Appellant did not file his notice of appeal until August 7, 2013 , and did not file a motion

for ex tension of time to file his notice of appeal as permitted by Texas Rule of Appellate

Procedure 26.3. See T EX

. R. A PP

. P. 26.3 (appellate court may extend time for filing notice of

appeal if, within fifteen days after deadline for filing notice of appeal, appellant files notice of

appeal in trial court and motion complying with Texas Rule of Appellate Procedure 10.5(b) in

appellate court). Consequently

, Appellant’s notice of appeal was untimely.

On August 20, 2013, this court notified Appellant that his notice of appeal was untimely

and that there was no timely motion for an extension of time to file the notice of appeal as

permitted by Rule 26.3. Appellant was further informed that the appeal would be dismissed2

unless, on or before August 30 , 2013, the information filed in this appeal was amended to show

the jurisdiction of this court. The deadline has passed, and Appellant has neither shown the

jurisdiction of this court nor otherwise responded to its August 20 , 2013 notice.

Because this court has no authority to allow the late filing of a notice of appeal except as

provided by Rule 26.3, the appeal must be dismissed. See Slaton v. State , 981 S.W.2d 208, 210

(Tex. Crim. App. 1998); Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

According ly, the appeal is dismissed for want of jurisdiction

. Opinion delivered September 11, 2013. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

## COURT OF APPE ALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 11, 2013

NO. 12

- 13

- 00259

- CR

NIJINSKI TYWON MURPH Y,

Appellant
V. THE STATE OF TEXAS, Appellee

Appeal from the 420th District Court

of Nacogdoches County, Texas (Tr.Ct.No. F0916943)

THIS CAUSE came to be heard on the appellate record; and the same

being considered, it is the opinion of this court that this court is without jurisdiction of the

appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREE D by this 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., Griffith, J., and J., Hoyle.