Bert Villa v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00793-CR
Bert VILLA,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-6292-W
Honorable Mary Rom n, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: January 8, 2003

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on August 19, 2002. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than September 18, 2002. See Tex. R. App. P. 26.2. The notice of appeal was not filed until October 25, 2002, and no motion for extension of time was filed. See Tex. R. App. P. 26.3. Because this court lacks jurisdiction to consider an appeal absent a timely written notice of appeal, we ordered appellant to show cause why this appeal should not be dismissed for lack of 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). Appellant did not respond to our order. This appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH