Opinion
No. 04-03-00565-CR.
Delivered and Filed: August 27, 2003. DO NOT PUBLISH.
Appeal From the County Court at Law No. 6, Bexar County, Texas, Trial Court No. 733,747, Honorable Philip Anthony Meyer, Judge Presiding. Motion For Extension of Time Denied; Dismissed for Lack of Jurisdiction.
Sitting: PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.
MEMORANDUM OPINION
On July 24, 2003, appellant filed a motion for extension of time to file a notice of appeal. Appellant was sentenced to six months in jail, a $2,000.00 fine and $1,294.25 in court costs for driving while intoxicated. The sentence was imposed and then suspended on February 10, 2003, and appellant was placed on probation for two years. Appellant timely filed a motion for new trial, therefore, his notice of appeal was due May 12, 2003. A motion for extension of time was due May 27, 2003. Appellant's notice of appeal and motion for extension of time were filed July 24, 2003. Because neither the notice of appeal nor the motion for extension of time were timely filed, we lack jurisdiction to grant the motion for extension of time or to entertain the appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996) (explaining that both the notice of appeal and the motion for extension of time must be filed within the fifteen-day extension); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex.Crim.App. 1991) (explaining that the writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we deny the motion for extension of time and dismiss Castillo's appeal for lack of jurisdiction.