Opinion
No. 05-04-00962-CR
Opinion issued August 26, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 282nd Judicial District Court Dallas County, Texas, Trial Court Cause No. F03-58262-JS. Dismissed.
Before Justices MORRIS, WHITTINGTON, and MAZZANT.
MEMORANDUM OPINION
In this case, Brandon Burnett Perry filed an application for writ of habeas corpus seeking to have the indictment charging him with aggravated assault dismissed. Following a hearing, the trial court denied appellant the relief he sought. The trial judge signed the order on June 8, 2004; therefore, appellant's notice of appeal was due by July 8, 2004. See Tex.R.App.P. 26.2(a)(1). Appellant filed a notice of appeal on July 9, 2004, one day late, but did not file an extension motion in this Court. See Tex.R.App.P. 26.3. Because appellant's notice of appeal is untimely, we do not have jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim. App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.-Dallas 1998, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction.
On July 30, 2004, we sent appellant and the State a letter directing them to file briefs addressing our jurisdiction over the appeal. Appellant did not respond. The State filed a letter brief asserting that we do not have jurisdiction because appellant's notice of appeal is untimely.