Opinion
No. 04-03-00328-CR
Delivered and Filed: July 23, 2003 DO NOT PUBLISH
Appeal From the 290th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CR-4673B, Honorable Sharon MacRae, Judge Presiding. DISMISSED FOR LACK OF JURISDICTION
Sitting: Alma L. LOPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
The trial court imposed sentence on February 26, 2003. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on March 28, 2003. Tex.R.App.P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on April 14, 2003. Tex.R.App.P. 26.3. Appellant did not file a motion for extension of time to file a notice of appeal, and she filed her notice of appeal on April 28, 2003. On May 27, 2003, we ordered appellant to show cause why her appeal should not be dismissed for lack of jurisdiction. Appellant did not file a response. 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); 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, 243 (Tex.Crim.App. 1991) (out-of-time appeal from felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07). This appeal is therefore dismissed for lack of jurisdiction.