Opinion
No. 04-08-00406-CR
Delivered and Filed: August 27, 2008. DO NOT PUBLISH.
Appealed from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CR-1519, Honorable Philip A. Kazen, Jr., Judge Presiding.
Sitting: Alma L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN ANGELINI, Justice.
MEMORANDUM OPINION
Appellant was sentenced on February 4, 2008. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than March 5, 2008. See TEX. R. APP. P. 26.2. The notice of appeal was not filed until June 9, 2008. On July 22, 2008, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. We noted that this court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Appellant did not respond to our order; however, appellant's attorney previously had filed written notice that the attorney could find no right of appeal for appellant pursuant to Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure. Because we lack jurisdiction to consider appellant's untimely appeal, the appeal is dismissed for lack of jurisdiction.