Tracy Michelle Peavy v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-03-00016-CR

Case Date: 06/04/2003

Plaintiff: Tracy Michelle Peavy

Defendant: The State of Texas--Appeal from 227th Judicial District Court of Bexar County

Preview:Tracy Michelle Peavy v. The State of Texas--Appeal
from 227th Judicial District Court of Bexar County
MEMORANDUM OPINION
No. 04-03-00016-CR
Tracy PEAVY,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-3588-B
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: June 4, 2003
DISMISSED FOR LACK OF JURISDICTION
Tracy Peavy was sentenced on November 19, 2002. Because Peavy did not file a motion for new trial, the notice of
appeal was due to be filed no later than December 19, 2002. Tex. R. App. P. 26.2. The notice of appeal was not filed
until January 3, 2003, and no motion for extension of time was filed. Tex. R. App. P. 26.3.
"[A] late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed
within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals
within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion
for extension of time." Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.1996). Peavy's notice of appeal was not
filed within fifteen days of the last day allowed for filing, and Peavy did not file a motion for extension of time.
Accordingly, on February 10, 2003, we ordered Peavy to show cause why this appeal should not be dismissed for lack
of jurisdiction. Peavy did not respond. Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
Do not publish
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