Opinion
No. 04-08-00217-CR
Delivered and Filed: May 21, 2008. DO NOT PUBLISH.
Appeal from the 186th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-2670, Honorable Teresa Herr, Judge Presiding. DISMISSED FOR LACK OF JURISDICTION.
Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN ANGELINI, Justice.
MEMORANDUM OPINION
Appellant was sentenced on February 8, 2008. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than March 10, 2008. See Tex. R. App. P. 26.2. A document that could be construed as a notice of appeal was not filed until March 24, 2008. A motion for extension of time was filed on April 3, 2008, which was outside the 15 days allowed by the appellate rules. See Tex. R. App. P. 26.3. Appellant has not responded to this court's order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. "When a notice of appeal is filed within the fifteen-day period 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). The appeal is dismissed for lack of jurisdiction.