Marvin Trimble v. The State of Texas--Appeal from County Court at Law No 6 of Bexar County

MEMORANDUM OPINION
Nos. 04-02-00871-CR & 04-02-00872-CR
Marvin TRIMBLE,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 6, Bexar County, Texas
Trial Court Nos. 822402 & 824106
Honorable M'Liss Christian, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez , Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: February 5, 2003

DISMISSED FOR LACK OF JURISDICTION

Marvin Trimble was sentenced on September 4, 2002. Trimble's notice of appeal was due to be filed no later than October 4, 2002. Tex. R. App. P. 26.2. The notice of appeal was not filed until October 29, 2002, and no motion for extension of time was filed. Tex. R. App. P. 26.3.

"[A] late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time." Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.1996). Trimble's notice of appeal was not filed within fifteen days of the last day allowed for filing, and he did not file a motion for extension of time.

Accordingly, on December 17, 2002, we ordered Trimble to show cause why these appeals should not be dismissed for lack of jurisdiction. Trimble has not responded to our order. Accordingly, these appeals are dismissed for lack of jurisdiction.

PER CURIAM

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