Opinion
No. 04-09-00734-CR
Delivered and Filed: March 10, 2010. DO NOT PUBLISH.
Appealed from the 406th Judicial District Court, Webb County, Texas, Trial Court No. 2008-CRP-000366-D4, Honorable O.J. Hale, Jr., Judge Presiding. DISMISSED FOR LACK OF JURISDICTION.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
The trial court imposed sentence on July 13, 2009, and appellant did not file a motion for new trial. The deadline for filing a notice of appeal was therefore August 12, 2009. TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not filed until October 14, 2009. Appellant did not file a timely motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See 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) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for want of jurisdiction.