Edward Prado Sauceda v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00187-CR
Edward Prado SAUCEDA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-4952-W
Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: May 28, 2003

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on October 1, 2001. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on October 31, 2001. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on November 15, 2001. Tex. R. App. P. 26.3. Appellant did not file his notice of appeal until March 3, 2003. Appellant did not file a motion for extension of time.

Appellant has titled his notice of appeal, "Notice of Out-of Time Appeal," indicating that he is aware that his notice of appeal is untimely. A timely and proper notice of appeal is necessary to invoke our jurisdiction. We are without jurisdiction to address the merits of an appeal and can take no action other than to dismiss the appeal if it is not timely perfected. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, on March 25, 2003, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. Because this court is without jurisdiction, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

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