Juan Oscar Brito v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00080-CR
Juan BRITO,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 1999CR0370
Honorable Mary Rom n, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: April 16, 2003

DISMISSED FOR LACK OF JURISDICTION

Juan Brito was sentenced on April 20, 2000. Brito's notice of appeal was due to be filed no later than May 22, 2000. Tex. R. App. P. 26.2. The notice of appeal was not filed until January 23, 2003, 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). Brito'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 February 21, 2003, we ordered Brito to show cause why this appeal should not be dismissed for lack of jurisdiction. Brito did not respond to our order. Accordingly, this appeal is dismissed for lack of jurisdiction.

PER CURIAM

Do not publish