Opinion
Nos. 04-10-00133- CR 04-10-00134-CR
Delivered and Filed: March 3, 2010. DO NOT PUBLISH.
Appealed from the 186th Judicial District Court, Bexar County, Texas, Trial Court Nos. 1996CR0616 2003CR6882, Honorable Pat Priest, Judge Presiding. Dismissed.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.
MEMORANDUM OPINION
Frank Torres filed notices of appeal in each of the underlying causes seeking to appeal the trial court's judgments that imposed twenty-year concurrent sentences on August 4, 2008. In appeal number 04-10-00134-CR, the judgment was in accordance with Torres's plea bargain agreement, and the record does not contain a trial court's certification showing Torres has the right of appeal. Accordingly, appeal number 04-10-00134-CR is dismissed. See TEX. R. APP. P. 25.2(d). In appeal number 04-10-00133-CR, the notice of appeal was required to be filed by September 3, 2008; however, the notice of appeal was not filed in the trial court until January 25, 2010. 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); 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); Apt v. State, No. 04-03-00885-CR, 2004 WL 730832, at *1 (Tex. App.-San Antonio Apr. 7, 2004, no pet.) (unlike rule in civil cases, notice of appeal filed with appellate court in criminal case is not deemed filed the same day with the trial court clerk) (not designated for publication). Accordingly, appeal number 04-10-00133-CR is dismissed for lack of jurisdiction.