Opinion
No. 04-03-00680-CR
Delivered and filed: November 26, 2003. DO NOT PUBLISH.
From the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-4415 Honorable Sid L. Harle, Judge Presiding. DISMISSED FOR LACK OF JURISDICTION
The appeal of appellant's conviction remains pending in cause no. 04-03-00250-CR.
PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, and KAREN ANGELINI, Justice.
MEMORANDUM OPINION
Appellant filed a notice of appeal challenging the trial court's denial of bond pending appeal. The timetable for the notice of appeal begins on the day the order denying bond is signed, and the notice of appeal is due thirty days thereafter. Tex.R.App.P. 26.2; see Ex parte Pena, 940 S.W.2d 260, 261 (Tex. App.-San Antonio 1997, no pet.). In this case, the order denying bond was signed July 29, 2003, but the notice of appeal was not filed until September 8, 2003, more than thirty days later. No motion for extension of time was filed. This court lacks jurisdiction over an appeal in the absence of a timely, written notice of appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Accordingly, on October 10, 2003, we ordered appellant to show cause in writing no later than October 20, 2003, why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond to our show cause order. Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. Accordingly, we dismiss appellant Lawrence Gage's appeal of the trial court's order denying bond for lack of jurisdiction.
The trial court shows the notice of appeal filed September 18, 2003. However, a notice of appeal was received by this court on September 9, 2003, and we have calculated appellant's date of filing from the day his mail was postmarked, September 8, 2003.