Opinion
No. 4-05-00432-CR
Delivered and Filed: January 25, 2006. DO NOT PUBLISH.
Appeal from the 218th Judicial District Court, Frio County, Texas, Trial Court No. 03-08-00096-Crf, Honorable Donna S. Rayes, Judge Presiding.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Rebecca SIMMONS, Justice. DISMISSED.
MEMORANDUM OPINION
Appellant was sentenced on August 12, 2004. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than September 13, 2004. See Tex.R.App.P. 26.2. Additionally, appellant did not file a motion for extension of time in accordance with Tex.R.App.P. 26.3. Appellant's response to our show cause order does not provide this court with jurisdiction on this matter. "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). This appeal is therefore dismissed for lack of jurisdiction.