Opinion
No. 4-06-00416-CR
Delivered and Filed: August 2, 2006. DO NOT PUBLISH.
Appeal from the 290th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CR-9448, Honorable Sharon MacRae, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
The trial court imposed sentence on May 9, 2006. Because Billy Jack Guerra did not file a motion for new trial, his notice of appeal was due June 8, 2006; or the notice and a motion for extension of time to file were due fifteen days later on June 23, 2006. Tex.R.App.P. 26.2(a)(1), 26.3. The record contains a notice of appeal file stamped June 20, 2006. The record, however, does not contain a motion for extension of time to file the notice of appeal. See Tex.R.App.P. 26.3. On July 6, 2006 we issued a show cause order requiring Guerra to establish we had jurisdiction over his appeal. In the order, we observed that a notice of appeal may appear late if filed by mail. We did this because copies of envelopes addressed to the district clerk suggested that Guerra had mailed his notice of appeal on or about June 1, 2006. However, rather than file a response proving he mailed the notice of appeal before the date it was due, Guerra filed a response in which he claims we have no choice but to dismiss the appeal because the trial court's certification showing he has no right to appeal is correct. However, to dismiss on this basis would require that we have jurisdiction over Guerra's appeal. We do not since the notice of appeal was not timely filed. SeeOlivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996) (holding that "[a] timely notice of appeal is necessary to invoke a court of appeals' jurisdiction"); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex.Crim.App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for want of jurisdiction.