Opinion
No. 04-05-00250-CR
Delivered and Filed: June 29, 2005. DO NOT PUBLISH.
Appeal from the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-9495, Honorable Juanita A. Vasquez-Gardner, 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 31, 2005. On April 26, 2005, appellant filed a motion for leave to file notice of appeal is this court. The trial court clerk, however, has filed a notification of late record certifying that no notice of appeal has been filed. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Shute v. State, 744 S.W.2d 96, 97 (Tex.Crim.App. 1988); 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). On May 17, 2005, we ordered appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. Appellant did not respond to our order. The appeal is dismissed for lack of jurisdiction.