From Casetext: Smarter Legal Research

Esparza v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 25, 2006
No. 4-05-00922-CR (Tex. App. Jan. 25, 2006)

Opinion

No. 4-05-00922-CR

Delivered and Filed: January 25, 2006. DO NOT PUBLISH.

Appea from the 341st Judicial District Court, Webb County, Texas, Trial Court No. 2005-Crn-166D3, Honorable Elma T. Salinas-Ender, Judge Presiding. Dismissed for Lack of Jurisdiction.

Sitting: Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.


MEMORANDUM OPINION


The trial court imposed sentence on September 28, 2005. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on October 28, 2005. Tex.R.App.P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on November 14, 2005. Tex.R.App.P. 26.3. Appellant did not file a motion for extension of time to file a notice of appeal, and he filed his notice of appeal on December 15, 2005. On December 30, 2005, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant's counsel filed a response, explaining that she was not appointed as appellate counsel until November 18, 2005, and trial counsel, who filed a motion to withdraw on November 8, 2005, had not filed a motion for new trial. 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.


Summaries of

Esparza v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 25, 2006
No. 4-05-00922-CR (Tex. App. Jan. 25, 2006)
Case details for

Esparza v. State

Case Details

Full title:REYNALDO ROBERTO ESPARZA, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 25, 2006

Citations

No. 4-05-00922-CR (Tex. App. Jan. 25, 2006)

Citing Cases

Ex Parte Esparza

Applicant contends that he was denied the right to appeal his conviction because his trial counsel failed to…