Paul Rodriguez v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00061-CR
Paul RODRIGUEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-1865
Honorable Mary Roman, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: May 19, 2004

DISMISSED FOR WANT OF JURISDICTION

Appellant was sentenced on July 14, 2003. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed no later than August 13, 2003. Tex. R. App. P. 26.2. A motion for extension of time to file the notice of appeal was due on August 28, 2003. Tex. R. App. P. 26.3. Appellant did not file a notice of appeal until January 23, 2004. Appellant did not file a motion for extension of time to file a late notice of appeal.

Appellant has not responded to this court's order issued March 29, 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

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