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Martinez v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 11, 2005
No. 04-05-00179-CR (Tex. App. May. 11, 2005)

Opinion

No. 04-05-00179-CR

Delivered and Filed: May 11, 2005. DO NOT PUBLISH.

Appeal from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 908603, Honorable Monica Guerrero, Judge Presiding. Dismissed for Lack of Jurisdiction.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Rebecca SIMMONS, Justice.


MEMORANDUM OPINION


Appellant's sentence was suspended on January 10, 2005. Appellant's motion for new trial was untimely filed, and no notice of appeal is contained in the clerk's record filed in this appeal. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Shute v. State, 744 S.W.2d 96, 97 (Tex.Crim.App. 1988). On April 5, 2005, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded to our order, but appellant's response provides no basis for this court to exercise jurisdiction over this appeal. Because appellant did not file a timely written notice of appeal, the appeal is dismissed for lack of jurisdiction.


Summaries of

Martinez v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 11, 2005
No. 04-05-00179-CR (Tex. App. May. 11, 2005)
Case details for

Martinez v. State

Case Details

Full title:MARK ANTHONY MARTINEZ, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 11, 2005

Citations

No. 04-05-00179-CR (Tex. App. May. 11, 2005)