Bruce Kent Esco v. The State of Texas--Appeal from 7th District Court of Smith County

State: Texas

Court: Texas Northern District Court

Docket No: 06-10-00061-CR

Case Date: 10/14/2010

Plaintiff: RALPH YOUNG GAMBLE, JR.

Defendant: THE STATE OF TEXAS--Appeal from 377th District Court of Victoria County

Preview:RALPH YOUNG GAMBLE, JR. v. THE STATE OF
TEXAS--Appeal from 377th District Court of Victoria
County
NUMBER 13-00-351-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
RALPH YOUNG GAMBLE, JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 377th District Court
of Victoria County, Texas.
O P I N I O N
Before Chief Justice Seerden and Justices Hinojosa and Kennedy(1)
Opinion Per Curiam
Appellant, RALPH YOUNG GAMBLE, JR., attempted to perfect an appeal from a judgment entered by the 377th
District Court of Victoria County, Texas. Sentence in this cause was imposed on May 8, 2000. No timely motion for
new trial was filed. The notice of appeal was due to be filed on June 7, 2000, but was not filed until June 8, 2000. Said
notice of appeal is untimely filed. Appellant filed an untimely motion to permit late filing of the notice of appeal on
July 19, 2000.
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 motion
requesting an extension of time within such period.
The Court, having considered the documents on file, appellant's failure to timely perfect his appeal, and appellant's
untimely motion, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant's untimely
motion to permit late filing of notice of appeal is dismissed. The appeal is hereby DISMISSED FOR WANT OF
JURISDICTION.
PER CURIAM
Do not publish.
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Tex. R. App. P. 47.3.
Opinion delivered and filed this
the 27th day of July, 2000.
1. Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to
Tex. Gov't Code Ann. 74.003 (Vernon 1998).
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