Ismael Diaz, Jr. v. The State of Texas--Appeal from 229th Judicial District Court of Starr County

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Alma L. L pez, Justice

Delivered and Filed: January 27, 1999

DISMISSED FOR WANT OF JURISDICTION

Appellant was sentenced on January 23, 1997. A timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than April 23, 1997. See Tex. R. App. P. 26.2. The notice of appeal was not filed until April 25, 1997, and no motion for extension of time was filed. See Tex. R. App. P. 26.3.

Appellant has not responded to this court's order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. "When a notice of appeal is filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction." 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). This appeal is dismissed for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH