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Trevino v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 29, 2006
No. 04-06-00492-CR (Tex. App. Nov. 29, 2006)

Opinion

No. 04-06-00492-CR

Delivered and Filed: November 29, 2006. DO NOT PUBLISH.

Appeal from the 144th Judicial District, Bexar County, Texas, Trial Court No. 2006-CR-3871, Honorable Mark R. Luitjen, Judge Presiding. Dismissed.

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


MEMORANDUM OPINION


The trial court imposed sentence on June 6, 2006. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed July 6, 2006. Tex.R.App.P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on July 21, 2006. Tex.R.App.P. 26.3. Appellant filed a notice of appeal on July 11, 2006, but appellant did not file a motion for extension of time. "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). On October 2, 2006, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. No response has been filed. This appeal is therefore dismissed for lack of jurisdiction.


Summaries of

Trevino v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 29, 2006
No. 04-06-00492-CR (Tex. App. Nov. 29, 2006)
Case details for

Trevino v. State

Case Details

Full title:JIMMY TREVINO, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 29, 2006

Citations

No. 04-06-00492-CR (Tex. App. Nov. 29, 2006)