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Hernandez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Aug 31, 2005
No. 4-05-00489-CR (Tex. App. Aug. 31, 2005)

Opinion

No. 4-05-00489-CR

Delivered and Filed: August 31, 2005. DO NOT PUBLISH.

Appeal from the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-1971-W, Honorable Mary Román, Judge Presiding. Dismissed for Want of Jurisdiction.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Sarah B. DUNCAN, Justice.


MEMORANDUM OPINION


Appellant was sentenced on May 9, 2005. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than June 8, 2005. See Tex.R.App.P. 26.2. The notice of appeal was not filed until July 14, 2005. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. 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). On August 4, 2005, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. The appellant did not respond to our order. The appeal is dismissed for lack of jurisdiction.


Summaries of

Hernandez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Aug 31, 2005
No. 4-05-00489-CR (Tex. App. Aug. 31, 2005)
Case details for

Hernandez v. State

Case Details

Full title:ADRIAN HERNANDEZ, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 31, 2005

Citations

No. 4-05-00489-CR (Tex. App. Aug. 31, 2005)