Opinion
No. 04-10-00355-CR
Delivered and Filed: July 14, 2010. DO NOT PUBLISH.
Appealed from the 144th Judicial District Court, Bexar County, Texas, Trial Court No. 2008-CR-10525, Honorable Catherine Torres-Stahl, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
Appellant was sentenced on July 27, 2009. A timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than October 26, 2009. See TEX. R. APP. P. 26.2. The notice of appeal was not filed until April 28, 2010. No motion for extension of time was filed. See TEX. R. APP. P. 26.3. This court lacks jurisdiction to consider an appeal if a timely notice of appeal has not been filed. 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 May 11, 2010, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded, agreeing that the appeal was untimely filed. Accordingly, this appeal is dismissed for lack of jurisdiction.