Opinion
No. 04-05-00194-CR
Delivered and Filed: May 25, 2005. DO NOT PUBLISH.
Appeal from the 379th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-3518B, Honorable Bert Richardson, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Sarah B. DUNCAN, Justice.
MEMORANDUM OPINION
Appellant was sentenced on February 11, 2005. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than March 14, 2005. See Tex.R.App.P. 26.2. The notice of appeal was not filed until March 28, 2005, and no motion for extension of time was filed. See Tex.R.App.P. 26.3. "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). Appellant has not responded to this court's order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. The appeal is dismissed for lack of jurisdiction.