William Randall Rendon v. State of Texas--Appeal from 175th Judicial District Court of Bexar County

00-00464 Rendon v State of Texas.wpd No. 04-00-00464-CR
William RENDON,
Appellant
v.
The STATE of Texas,
Appellee

From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 1997-CR-5006A
Honorable Mary Rom n, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: October 18, 2000

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on June 12, 2000, and appellant William Randall Rendon did not file a motion for new trial. The deadline for filing a notice of appeal was therefore July 12, 2000. Tex. R. App. P. 26.2(a)(1). The record contains a notice of appeal file stamped July 14, 2000. Rendon did not file a motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3.

On August 22, 2000, we ordered Rendon to show cause why the appeal should not be dismissed for lack of jurisdiction. Rendon filed a response in which he states he "placed [the notice of appeal] in the mail of the Bexar County Detention Center" on July 12, 2000, and argues the notice is thus considered filed on that date. See Tex. R. App. P. 9.2(b)(1). However, on September 28, 2000, we received a supplemental clerk's record containing a copy of the envelope in which Rendon's notice of appeal was filed. The envelope bears a postmark affixed by the United States Postal Service of July 13, 2000. A legible postmark is "conclusive proof of the date of mailing." Id. 9.2(b)(2)(A). We therefore must conclude the notice of appeal was not mailed mail until July 13, 2000, one day after the last date for filing.

Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See 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) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH