Opinion
No. 04-04-00148-CR
Delivered and filed: September 22, 2004. DO NOT PUBLISH.
Appeal from the 187th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-7062, Honorable Raymond Angelini, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Paul W. GREEN, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
On April 15, 2004, we ordered appellant Raymond Hernandez to show cause why this appeal should not be dismissed for lack of jurisdiction. Hernandez 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. 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); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex.Crim.App. 1991) (explaining that the 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 Hernandez's appeal for lack of jurisdiction.
Hernandez's sentence was imposed January 21, 2004. The motion for new trial or notice of appeal was due February 20, 2004. See Tex.R.App.P. 26.2. The transcript does not contain a motion for new trial. A motion for extension of time to file the notice of appeal was due in this court March 8, 2004, see Tex.R.App.P. 26.3, but no such motion has been filed. The notice of appeal was not filed until February 24, 2004.