Opinion
No. 10-07-00023-CR
March 7, 2007. DO NOT PUBLISH.
Appeal from the 54th District Court McLennan County, Texas, Trial Court No. 2002-332-C.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Alfred Martinez Perez was convicted of Sexual Assault on April 6, 2006. There being no motion for new trial in the record, Perez' notice of appeal was due May 7, 2006. See TEX. R. APP. P. 26.2(a). Perez' notice of appeal was filed on January 8, 2007, over 8 months late. We have no jurisdiction of an untimely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). The Clerk of the Court warned Perez by letter that because the notice of appeal appeared untimely, the Court may dismiss the appeal unless, within 21 days from the date of the letter, a response is filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. More than 21 days have passed, and Perez has not responded to the Clerk's warning. The appeal is dismissed.