Opinion
No. 04-04-00206-CR.
Delivered and Filed: May 5, 2004. DO NOT PUBLISH.
Appeal from the County Court at Law No. 1, Webb County, Texas, Trial Court No. 2003 Crb 000367 L1, Honorable Alvino "Ben" Morales, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting Alma L. LÓPEZ, Chief, Justice, Catherine STONE, Justice, Paul W. GREEN, Justice.
MEMORANDUM OPINION
Appellant's sentence was suspended on January 26, 2004. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than February 25, 2004. See Tex.R.App.P. 26.2. The notice of appeal was not filed until February 26, 2004, and no motion for extension of time was filed. See Tex.R.App.P. 26.3. Appellant has not responded to this court's order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. "When a notice of appeal is filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction." 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 (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.