Opinion
No. 04-04-00635-CR
Delivered and Filed: November 17, 2004. DO NOT PUBLISH.
Appeal from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 852237, Honorable Monica Guerrero, 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 July 27, 2004. Because appellant did not file a motion for new trial, his notice of appeal was due to be filed on August 26, 2004. Tex.R.App.P. 26.2. The notice of appeal was not filed until August 30, 2004. A motion for extension of time to file notice of appeal was due to be filed on September 10, 2004. Tex.R.App.P. 26.3. No motion for extension of time was filed. Appellant has not responded to this court's order issued September 21, 2004, 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). The appeal is dismissed for lack of jurisdiction.