James Michael Bryan v. The State of Texas--Appeal from County Court at Law No 4 of Bexar County

MEMORANDUM OPINION
No. 04-04-00158-CR
James Michael BRYAN,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 4, Bexar County, Texas
Trial Court No. 805832
Honorable Sarah Garrahan-Moulder, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: April 28, 2004

DISMISSED FOR WANT OF JURISDICTION

Appellant was sentenced on November 14, 2003. A timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than February 12, 2004. See Tex. R. App. P. 26.2. The notice of appeal was not filed until March 4, 2004. A motion for extension of time was due to be filed on February 27, 2004, but was not filed until March 4, 2004. See Tex. R. App. P. 26.3.

Appellant has not responded to this court's order issued March 18, 2004, for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. When a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period, the appellate court lacks jurisdiction. Tex. R. App. P. 26.3; 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, 243 (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DO NOT PUBLISH