Owen Daniel Flores v. The State of Texas--Appeal from County Court at Law No 9 of Bexar County

MEMORANDUM OPINION
Nos. 04-03-00049-CR & 04-03-00050-CR
Owen Daniel FLORES,
Appellant
v.
STATE of Texas,
Appellee
From the County Court at Law No. 9, Bexar County, Texas
Trial Court Nos. 812002 & 815612
Honorable Wayne A. Christian, II, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: March 31, 2003

MOTIONS FOR LEAVE TO FILE LATE NOTICES OF APPEAL DISMISSED; APPEALS DISMISSED FOR LACK OF JURISDICTION

Appellant's sentences were imposed November 22, 2002. Motions for new trial or notices of appeal were due December 23, 2003. See Tex. R. App. P. 26.2. The clerk's records do not contain motions for new trial. Motions for extension of time to file the notices of appeal were due in this court January 1, 2003, see Tex. R. App. P. 41(b)(2), but no such motions were filed. On January 28, 2003, appellant filed motions for leave to file late notices of appeal in the trial court. (1) No notices of appeal have been filed.

Because the notices of appeal and the motions for leave to file late notice in these cases were not timely filed, we lack jurisdiction to entertain the appeals. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (explaining that both the notice of appeal and the motion for extension of time must be filed within the fifteen-day extension); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that the writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Without jurisdiction over the appeals, we lack jurisdiction to grant or deny the motions for leave. Accordingly, we dismiss Owen Daniel Flores's appeals for lack of jurisdiction. Similarly, we dismiss the motions for leave to file late notice.

PER CURIAM

Do Not Publish

1. The motions were postmarked January 16, 2003. Motions for leave to file late notices of appeal were filed in this court on January 17, 2003.