Ramon Calderon Garcia v. The State of Texas--Appeal from 244th District Court of Ector County

Opinion filed April 5, 2007

In The

Eleventh Court of Appeals

____________

   No. 11-07-00067-CR

__________

   RAMON CALDERON GARCIA, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 244th District Court

Ector County, Texas

Trial Court Cause No. C-33,037

O P I N I O N

The jury convicted Ramon Calderon Garcia of driving while intoxicated as a subsequent offense, found an enhancement allegation to be true, and sentenced him to confinement for ten years. Sentence was imposed in open court on November 2, 2006. Appellant filed a notice of appeal on March 20, 2007, 138 days after the date the sentence was imposed. On March 22, 2007, appellant filed a motion to extend time in which to file his notice of appeal. A motion for new trial was not filed.

Neither the notice of appeal nor the motion for extension of time were timely filed. Tex. R. App. P. 26.2, 26.3. Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). Appellant may be able to secure an out-of-time appeal by filing a postconviction writ pursuant to Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).

The motion is overruled, and the appeal is dismissed.

PER CURIAM

April 5, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.