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Jones v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-05-00058-CR (Tex. App. Mar. 30, 2005)

Opinion

No. 04-05-00058-CR

Delivered and Filed: March 30, 2005. DO NOT PUBLISH.

Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-8326, Honorable Philip A. Kazen, Jr., Judge Presiding. Dismissed for Want of Jurisdiction.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


Appellant was sentenced on November 2, 2004. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed no later than December 2, 2004. Tex.R.App.P. 26.2. A motion for extension of time to file the notice of appeal was due on December 17, 2004. Tex.R.App.P. 26.3. Appellant did not file a notice of appeal until January 27, 2005. Appellant filed a motion for extension of time to file a late notice of appeal on the same date. The court has considered appellant's response to this court's order issued February 9, 2005, for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. When a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period, the appellate court lacks jurisdiction. Tex.R.App.P. 26.3; 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, 243 (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). Accordingly, the appeal is dismissed for lack of jurisdiction.


Summaries of

Jones v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-05-00058-CR (Tex. App. Mar. 30, 2005)
Case details for

Jones v. State

Case Details

Full title:MELVIN TODD JONES, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 30, 2005

Citations

No. 04-05-00058-CR (Tex. App. Mar. 30, 2005)