Opinion
No. 04-05-000223-CR
Delivered and Filed: June 22, 2005. DO NOT PUBLISH.
Appeal from the 290th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-3864A, Honorable Sharon MacRae, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
Appellant was sentenced on March 10, 2005, and did not file a timely motion for new trial. The notice of appeal was therefore due April 11, 2005, or a motion for extension of time, filed in this court, and a notice of appeal, filed in the trial court, were due no later than April 26, 2005. See Tex.R.App.P. 26.2, 26.3. A defendant seeking an extension of time to file a notice of appeal must timely file both a notice of appeal and a motion for extension of time in the proper court in order to invoke the court of appeals' jurisdiction. See Tex.R.App.P. 26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Douglas v. State, 987 S.W.2d 605, 606 (Tex.App.-Houston [1st Dist.] 1999, no pet.). Appellant timely filed a motion for extension of time in this court on April 15, 2005. However, we have no record that appellant filed a notice of appeal in the trial court. On May 5, 2005, we ordered appellant to show a notice of appeal was timely filed in the trial court or otherwise show cause, not later than May 27, 2005, why this appeal should not be dismissed for want of jurisdiction. Appellant did not respond to our order. Accordingly, we dismiss the motion for extension of time for want of jurisdiction.