Opinion
Nos. 04-01-00185-CR, 04-01-00186-CR
Delivered and Filed: October 15, 2003. DO NOT PUBLISH.
Appeal From the 226th Judicial District Court, Bexar County, Texas, Trial Court Nos. 1999-CR-5110-A 1999-CR-5111-A Honorable Sid L. Harle, Judge Presiding. DISMISSED FOR LACK OF JURISDICTION
Sitting: Alma L. LOPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
It appears appellant filed a pro se motion for leave to file late notices of appeal in these cases on March 8, 2001. No further action has been taken in these appeals. Appellant is represented by John A. Convery. Records obtained from the trial court clerk in trial cause number 1999-CR-5110-A indicate appellant's conviction in this cause number was dismissed on February 22, 2001 "in consideration for plea on 1999 CR 511A." Records obtained from the trial court clerk in trial cause number 1999-CR-5111-A indicate sentence was imposed on December 18, 2000 and Mr. Convery timely filed a motion for new trial on December 22, 2000. Appellant timely filed a pro se motion for leave to file late notice of appeal on March 8, 2001. Appellant's notice of appeal was due to be filed on March 19, 2001. Tex.R.App.P. 26.2(a)(2). Although appellant timely filed a motion for extension of time, he did not file a notice of appeal. A timely notice of appeal is necessary to invoke this court's jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Tex.R.App.P. 26.2(a). On September 15, 2003, we ordered appellant to show cause why his appeals should not be dismissed for lack of jurisdiction. After a diligent and commendable review of his records, considering the time that has passed, and after speaking with appellant, Mr. Convery filed a response in which he agreed these appeals should be dismissed and indicating that appellant desired that these appeals be dismissed. Accordingly, these appeals are dismissed for lack of jurisdiction.