Patrick James Holzer v. The State of Texas--Appeal from 25th Judicial District Court of Guadalupe County

MEMORANDUM OPINION

No. 04-04-00103-CR
Patrick HOLZER,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 00-0215-CR
Honorable Dwight E. Peschel, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: March 24, 2004

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on December 8, 2000. A timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than March 8, 2001. See Tex. R. App. P. 26.2. The notice of appeal was not filed until January 28, 2004.

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). The appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH