Opinion
No. 04-17-00201-CR
05-10-2017
EX PARTE RUDOLPHO PENA GLORIA
MEMORANDUM OPINION
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 1988CR2316-W2
Honorable Melisa Skinner, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice DISMISSED FOR LACK OF JURISDICTION
After apparently considering the merits of appellant's pro se application for a writ of habeas corpus, the trial court denied the application on December 14, 2016. The notice of appeal was due on January 13, 2017. TEX. R. APP. P. 26.2(a)(1). Appellant filed a pro se notice of appeal on March 30, 2017. Appellant did not file a motion for extension of time to file the notice of appeal. On April 12, 2017, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. However, in his companion appeal before this court in cause number 04-17-00200-CR, in which we requested a similar show cause response, appellant filed a response arguing this court should invoke Texas Rule of Appellate Procedure 2, and suspend the rules to allow him to late file his notice of appeal. Assuming appellant would have made the same argument in this appeal, we note such an argument has been rejected by the Court of Criminal Appeals in Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo, 918 S.W.2d at 522; Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07). Therefore, we dismiss this appeal for lack of jurisdiction.
PER CURIAM Do not publish