Opinion
No. 04-04-00573-CR
Delivered and Filed: September 1, 2004. DO NOT PUBLISH.
Appeal from the County Court at Law No. 11, Bexar County, Texas, Trial Court No. 885203, Honorable Henry G. Schuble, III, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting by appointment.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
Kenneth Wayne Pendleton was sentenced on May 24, 2004, and did not file a motion for new trial. Pendleton's notice of appeal was therefore due June 23, 2004, or a motion for extension of time, filed in this court, and a notice of appeal, filed in the trial court, were due no later than July 18, 2004. See Tex.R.App.P. 26.2, 26.3. Both the notice of appeal and a motion for extension of time must be timely filed in the proper court in order for this court to have jurisdiction over the appeal. See Tex.R.App.P. 26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim. App. 1996); Douglas v. State, 987 S.W.2d 605, 606 (Tex. App.-Houston [1st Dist.] 1999, no pet.). We have no record that appellant filed a notice of appeal. Pendleton's motion for extension of time was filed in the trial court on August 3, 2004, and in this court on August 10, 2004. Because the motion for extension of time was not timely filed and no notice of appeal was filed, we lack jurisdiction to entertain the appeal. See Olivo, 918 S.W.2d at 522. Accordingly, we dismiss the motion for extension of time to file the notice of appeal for want of jurisdiction.