Opinion
No. 04-05-00123-CR
Delivered and Filed: April 13, 2005. DO NOT PUBLISH.
Appeal from the 187th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-5202, Honorable Raymond Angelini, Judge Presiding.
Dismissed for Lack of Jurisdiction.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Sarah B. DUNCAN, Justice.
MEMORANDUM OPINION
Appellant was sentenced on January 10, 2005. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than February 9, 2005. See Tex.R.App.P. 26.2. The notice of appeal was not filed until February 16, 2005, and no timely motion for extension of time was filed. See Tex.R.App.P. 26.3. "When a notice of appeal is filed within the fifteen-day period for filing a motion for extension of time, but no timely motion for extension of time is filed, the appellate court lacks jurisdiction." Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); see also 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). On March 16, 2005, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant responded to this court's order with a motion requesting an extension of time to file the notice of appeal. The motion for extension of time was not timely filed; accordingly, this court lacks jurisdiction to grant the extension and to consider the appeal. Olivo, 918 S.W.2d at 522. The appeal is dismissed for lack of jurisdiction.