Robert Lee Johnson v. The State of Texas--Appeal from 232nd District Court of Harris County

MEMORANDUM OPINION
Nos. 04-03-00769-CR & 04-03-00770-CR
Robert Lee JOHNSON,
Appellant
v.
The STATE of Texas,
Appellee
From the 232nd Judicial District Court, Harris County, Texas
Trial Court Nos. 605551 & 605550
Honorable Naomi Harney, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: December 10, 2003

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on October 2, 1992. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than November 2, 1992. See Tex. R. App. P. 26.2. The notice of appeal was not filed until August 27, 2003. 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); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991)(out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). Because appellant's notice of appeal was filed over ten years after the date it was due, these appeals are dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH