Walter Alvarado, Jr. v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

No. 04-02-00856-CR

Walter ALVARADO, Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CR-1544-A

Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: January 29, 2003

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on September 6, 2002. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on October 7, 2002. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on October 22, 2002. Tex. R. App. P. 26.3. Appellant filed his notice of appeal on November 15, 2002. On January 2, 2003, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant s counsel responded, conceding that appellant s notice of appeal was untimely and this court did not have jurisdiction.

This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. 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, 243 (Tex. Crim. App. 1991) (out-of-time appeal from felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07). This appeal is therefore dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH