Opinion
No. 4-05-00674-CR
Delivered and Filed: November 9, 2005. DO NOT PUBLISH.
Appeal from the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-6775, Honorable Mary Román, 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 January 3, 2005. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than February 2, 2005. See Tex.R.App.P. 26.2. The notice of appeal was not filed until September 16, 2005. Appellant has not responded to this court's order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. This court lacks jurisdiction to consider an appeal in the absence of a timely filed 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). The appeal is dismissed for lack of jurisdiction.