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Tschoepe v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 10, 2003
Nos. 04-03-00755-CR., 04-03-00756-CR, 04-03-00757-CR (Tex. App. Dec. 10, 2003)

Opinion

Nos. 04-03-00755-CR., 04-03-00756-CR, 04-03-00757-CR

Delivered and Filed: December 10, 2003. DO NOT PUBLISH.

Appeal from the 81st and 218th Judicial District Courts, Atascosa County, Texas, Trial Court Nos. 02-11-0293-Cra 02-11-0295-Cra 02-11-0296-Cra, Honorable Olin B. Strauss, Judge Presiding. Dismissed for Lack of Jurisdiction.

Sitting: CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice.


MEMORANDUM OPINION


The trial court imposed or suspended sentence in each cause on June 5, 2003. Appellant filed a motion for new trial in each cause on June 25, 2003; therefore, appellant's notices of appeal were due to be filed September 3, 2003. Tex.R.App.P. 26.2(a)(2). Appellant, however, filed his notices of appeal on September 4, 2003. He did not file a motion for extension of time. Because appellant did not timely file his notices of appeal or file a timely motion for extension of time, we lack jurisdiction to entertain these appeals. See 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) (explaining that the writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss appellant's appeals for lack of jurisdiction.


Summaries of

Tschoepe v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 10, 2003
Nos. 04-03-00755-CR., 04-03-00756-CR, 04-03-00757-CR (Tex. App. Dec. 10, 2003)
Case details for

Tschoepe v. State

Case Details

Full title:JOHN TSCHOEPE, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Dec 10, 2003

Citations

Nos. 04-03-00755-CR., 04-03-00756-CR, 04-03-00757-CR (Tex. App. Dec. 10, 2003)