Bryan Apolinar v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

No. 04-98-00586-CR
Bryan APOLINAR,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 97-CR-4400
Honorable Sharon MacRae, Judge Presiding

PER CURIAM

Sitting: Phil D. Hardberger, Chief Justice

Tom Rickhoff, Justice

Karen Angelini, Justice

Delivered and Filed: October 14, 1998

APPEAL DISMISSED

Appellant was sentenced on May 20, 1998. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than June 19, 1998. See Tex. R. App. P. 26.2. The notice of appeal was not filed until June 22, 1998, and no motion for extension of time was filed. See Tex. R. App. P. 26.3.

Appellant has responded to this court's order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. However, the appellant's statement is insufficient to confer jurisdiction on this court. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See 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).

Accordingly, the appeal is DISMISSED for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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