








NUMBER 13-03-647-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG
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JAMES LANDRY,                                                              Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.
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On appeal from the 130th District Court 
of Matagorda County, Texas.
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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza
Opinion Per Curiam

         Appellant, JAMES LANDRY, attempted to perfect an appeal from an order
entered by the 130th District Court of Matagorda County, Texas.  The order denying
DNA testing was signed on August 5, 2003.  No timely motion for new trial was filed. 
 The notice of appeal was due to be filed on September 4, 2003, but was not filed
until October 9, 2003.   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Do not publish.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).
Opinion delivered and filed this
the 5th day of February, 2004.
