Gregory Arthur Nokes v. State of Texas--Appeal from 25th Judicial District Court of Guadalupe County

No. 04-00-00686-CR

Gregory Arthur NOKES,

Appellant

v.

The STATE of Texas,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 00-0041-CR

Honorable Dwight Peschel, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: December 6, 2000

DISMISSED FOR LACK OF JURISDICTION

Gregory Arthur Nokes was convicted of possession of a controlled substance and the trial court suspended sentence on August 30, 2000. Appellant did not file a motion for new trial, and the deadline for filing a notice of appeal was therefore September 29, 2000. Tex. R. App. P. 26.2(a)(1). Nokes filed his notice of appeal on October 2, 2000. He did not file a motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3.

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DO NOT PUBLISH