Opinion
No. 04-03-00016-CR
Delivered and Filed: June 4, 2003. Do not publish.
Appeal From the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CR-3588-B, Honorable Philip A. Kazen, Jr., Judge Presiding. DISMISSED FOR LACK OF JURISDICTION
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Tracy Peavy was sentenced on November 19, 2002. Because Peavy did not file a motion for new trial, the notice of appeal was due to be filed no later than December 19, 2002. Tex.R.App.P. 26.2. The notice of appeal was not filed until January 3, 2003, and no motion for extension of time was filed. Tex.R.App.P. 26.3. "[A] late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time." Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Peavy's notice of appeal was not filed within fifteen days of the last day allowed for filing, and Peavy did not file a motion for extension of time. Accordingly, on February 10, 2003, we ordered Peavy to show cause why this appeal should not be dismissed for lack of jurisdiction. Peavy did not respond. Accordingly, this appeal is dismissed for lack of jurisdiction.