Ronald F. Puga v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

No. 04-99-00696-CR
Ronald F. PUGA,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 97-CR-3288
Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Catherine Stone, Justice

Delivered and Filed: November 17, 1999

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on June 7, 1999. His notice of appeal was therefore due on July 7, 1999. See Tex. R. App. P. 26.2(a)(1). Appellant did not file his notice of appeal until September 9, 1999. We therefore ordered appellant to show cause in writing no later than November 2, 1999, why this appeal should not be dismissed for lack of jurisdiction. Appellant has not responded. A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. See Olivo v. State, 918 S.W.2d 519, 521 (Tex. Crim. App. 1996). Therefore, the appeal is dismissed for lack of jurisdiction.(1)

PER CURIAM

DO NOT PUBLISH

1. The appropriate vehicle for obtaining an out-of-time appeal from a final felony conviction is by writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991); Charles v. State, 809 S.W.2d 574, 576 (Tex. App.--San Antonio 1991, no pet.).