Opinion
No. 04-09-00672-CR
Delivered and Filed: December 16, 2009. DO NOT PUBLISH.
Appealed from the County Court at Law No. 4, Bexar County, Texas, Trial Court No. 300086, Honorable Sarah Garrahan-Moulder, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
Appellant was sentenced on September 4, 2009. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than October 5, 2009. See TEX. R. APP. P. 26.2. The notice of appeal was not filed until October 14, 2009, and no motion for extension of time was filed. See TEX. R. APP. P. 26.3. This court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded by filing a motion to dismiss this appeal; however, 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.3d 519, 522 (Tex. Crim. App. 1996). Accordingly, the appeal is dismissed for lack of jurisdiction.