Opinion
No. 04-04-00459-CR.
Delivered and Filed: August 18, 2004. DO NOT PUBLISH.
Appeal from the 379th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-0940, Honorable James E. Barlow, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Paul W. GREEN, Justice.
MEMORANDUM OPINION
Appellant was sentenced on May 24, 2004. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than June 23, 2004. See Tex.R.App.P. 26.2. The notice of appeal was not filed until June 28, 2004, and no motion for extension of time was filed. We ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded to our order with a letter requesting an extension of time to file her notice of appeal. The request for an extension of time, however, was not timely filed. "When a notice of appeal is filed within [fifteen days of the last day allowed for filing the notice of appeal], but no timely motion for extension of time is filed, the appellate court lacks jurisdiction." 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). Accordingly, this appeal is dismissed for lack of jurisdiction.