Ruben Mangel v. The State of Texas--Appeal from 81st Judicial District Court of Atascosa County

MEMORANDUM OPINION
No. 04-03-00931-CR
Ruben MANGEL,
Appellant
v.
The STATE of Texas,
Appellee

From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 03-07-0177-CRA
Honorable Donna S. Rayes, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: March 31, 2004

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on Ruben Mangel October 20, 2003, and Mangel did not file a motion for new trial. Thus, the notice of appeal was due on November 19, 2003, or a motion for extension of time, filed in this court, and a notice of appeal, filed in the trial court, were due fifteen days later on December 4, 2003. See Tex. R. App. P. 26.2(a)(1), 26.3. The clerk's record does not contain a notice of appeal filed in the trial court and Mangel did not file a motion for extension of time to file the notice of appeal. However, Mangel filed a notice of appeal in this court on December 24, 2003.

A timely-filed notice of appeal is necessary to invoke this court's jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Douglas v. State, 987 S.W.2d 605, 606 (Tex. App.-Houston [1st Dist.] 1999, no pet.). Accordingly, on March 2, 2004, we ordered Mangel to file a response showing that a notice of appeal was timely filed or otherwise show cause why this appeal should not be dismissed for want of jurisdiction. Mangel filed a response and a motion to dismiss the underlying case. However, both pleadings raise issues regarding the merits of Mangel's conviction and neither establishes this court has jurisdiction to entertain the appeal.

Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See Olivo, 918 S.W.2d at 522; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM

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