From Casetext: Smarter Legal Research

Zamora v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-05-00096-CR (Tex. App. Mar. 30, 2005)

Opinion

No. 04-05-00096-CR

Delivered and Filed: March 30, 2005. DO NOT PUBLISH.

Appeal from the 25th Judicial District Court, Guadalupe County, Texas, Trial Court No. 03-1872-CR, Honorable Sam Robertson, Judge Presiding. Dismissed for Lack of Jurisdiction.

Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Sarah B. DUNCAN, Justice.


MEMORANDUM OPINION


Appellant was sentenced on June 21, 2004. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than July 21, 2004. See Tex.R.App.P. 26.2. The notice of appeal was not filed until February 5, 2005, and no motion for extension of time was filed. See Tex.R.App.P. 26.3. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Shute v. State, 744 S.W.2d 96, 97 (Tex.Crim.App. 1988); 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 February 17, 2005, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded to our order on March 16, 2005; however, nothing contained in appellant's response provides this court with any basis for exercising jurisdiction given that the notice of appeal was untimely filed. This appeal is dismissed for lack of jurisdiction.


Summaries of

Zamora v. State

Court of Appeals of Texas, Fourth District, San Antonio
Mar 30, 2005
No. 04-05-00096-CR (Tex. App. Mar. 30, 2005)
Case details for

Zamora v. State

Case Details

Full title:RICARDO YBARRA ZAMORA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 30, 2005

Citations

No. 04-05-00096-CR (Tex. App. Mar. 30, 2005)