Opinion
No. 09-09-00442-CR
Opinion Delivered November 18, 2009. DO NOT PUBLISH.
On Appeal from the 359th District Court Montgomery County, Texas, Trial Cause No. 09-04-04031-CR.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
On September 29, 2009, Geoffrey T. Wood filed a notice of appeal from an order signed on May 4, 2009. The notice of appeal was filed with the trial court more than thirty days from the date the trial court denied relief on appellant's pre-trial writ of habeas corpus and outside the time for requesting an extension of time for filing the notice of appeal. We notified the parties that the notice of appeal did not appear to have been timely filed. The appellant requested an out-of-time appeal. This court does not have the authority to use a rule of appellate procedure to create jurisdiction where none exists. See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). The notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a)(1). No motion for extension of time was timely filed pursuant to Tex. R. App. P. 26.3. The appellant has not obtained an out-of-time appeal from the Court of Criminal Appeals. The court finds it is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction. APPEAL DISMISSED.