












 
 
 
 
 
 
                             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Do not publish.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.
 

