Opinion
No. 04-04-00255-CR
Delivered and Filed: August 11, 2004. DO NOT PUBLISH.
Appeal from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 832630, Honorable Monica Guerrero, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
The trial court imposed sentence on August 6, 2003. A motion for new trial was due on September 5, 2003. Tex. R. Civ. P. 329b(a). Appellant filed his motion for new trial and his notice of appeal on May 5, 2004. On May 19, 2004, we ordered appellant to show cause why his appeal 04-04-00255-CR should not be dismissed for lack of jurisdiction. Appellant's counsel, Velia J. Meza, filed a response agreeing that this court lacked jurisdiction over this appeal. 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.