Opinion
No. 04-04-00719-CR
Delivered and Filed: March 2, 2005. DO NOT PUBLISH.
Appeal from the 293rd Judicial District Court, Dimmit County, Texas, Trial Court No. 03-12-02271DCR, Honorable Rey Perez, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
The trial court imposed sentence on May 11, 2004. Because appellant filed a motion for new trial on June 2, 2004, the notice of appeal was due to be filed August 9, 2004. Tex.R.App.P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on August 24, 2004. Tex.R.App.P. 26.3. Appellant did not file his notice of appeal until September 14, 2004. Appellant did not file a motion for extension of time. We, therefore, ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Although appellant responded to our order, the issue raised in his response, the lack of action by his counsel, must be presented to the Texas Court of Criminal Appeals in seeking an out-of-time appeal. See 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). We are without jurisdiction to grant such relief. Accordingly, this appeal is dismissed for lack of jurisdiction.