Opinion
No. 4-06-00241-CR
Delivered and Filed: June 14, 2006. DO NOT PUBLISH.
Appeal from the 290th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CR-1407A, Honorable Sharon MacRae, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Sarah B. DUNCAN, Justice.
MEMORANDUM OPINION
Appellant was sentenced on March 8, 2006. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than April 7, 2006. See Tex.R.App.P. 26.2. The notice of appeal was not filed until April 12, 2006, and no motion for extension of time was filed. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex.Crim.App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure); Villarreal v. State, Nos. 04-06-00022-CR 04-06-00023-CR, 2006 WL 1152343, at *2 (Tex.App.-San Antonio May 3, 2006, no pet. h.) (concluding notice of appeal was timely filed when inmate's unsworn declaration stated that he timely delivered properly-addressed envelopes to jail authorities on or before the filing deadline). On May 11, 2006, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant failed to respond to this court's order. Accordingly, this appeal is dismissed for lack of jurisdiction. See Olivo, 918 S.W.2d at 522.