Antonio Trevino, Jr. v. State of Texas--Appeal from 79th Judicial District Court of Jim Wells County

No. 04-00-00835-CR

Antonio TREVINO, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 00-01-10345
Honorable Robert Barnes, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Alma L. L pez, Justice

Delivered and Filed: February 14, 2001

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on August 3, 2000. Appellant's motion for new trial was due to be filed on September 5, 2000; however, appellant did not file his motion for new trial until September 27, 2000. Tex. R. App. P. 21.4(a). Because appellant did not timely file a motion for new trial, the notice of appeal was due to be filed November 1, 2000. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on November 16, 2000. Tex. R. App. P. 26.3. Appellant filed a notice of appeal on November 30, 2000. Appellant did not file a motion for extension of time. The notice of appeal was untimely.

On January 9, 2001, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant's attorney responded that the notice of appeal was untimely filed due to his mistake and requests that this court grant appellant equitable relief "so as not to dismiss his appeal." This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal; therefore, we are without jurisdiction to grant any equitable relief. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); 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). The appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH