Opinion
No. 04-09-00390-CR.
Delivered and Filed: August 5, 2009. DO NOT PUBLISH.
Appealed from the 290th Judicial District Court, Bexar County, Texas, Trial Court No. 2009-CR-5401, Honorable Andrew Carruthers, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.
MEMORANDUM OPINION
Appellant filed a pretrial application for writ of habeas corpus seeking a bond reduction. On May 14, 2009, the trial court signed an order denying appellant relief. Based on the May 14, 2009 order, appellant's notice of appeal was due by June 15, 2009, see TEX. R. APP. P. 26.2(a)(1), and a motion for extension of time to file the notice of appeal was due no later than June 30, 2009. See TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on June 29, 2009, and did not file a motion for extension of time. Although appellant's June 29, 2009 notice of appeal was filed within the fifteen-day period provided by rule 26.3, appellant failed to file an extension motion. Because it appeared to this court that we did not have jurisdiction over this appeal, see Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996), we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. On July 27, 2009, appellant's attorney responded by letter acknowledging that the notice of appeal was untimely filed and stating appellant is unable to show cause why this appeal should not be dismissed for lack of jurisdiction. Accordingly, the appeal is dismissed for lack of jurisdiction.