Harvey Clarence Orr v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00337-CR
Harvey ORR,
Appellant
v.
The STATE of Texas,
Appellee

From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-7523
Honorable Juanita Vasquez-Gardner, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: June 30, 2004

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on October 23, 2003, and appellant did not file a timely motion for new trial. Thus, the notice of appeal was due November 19, 2003, or the notice and a motion for extension of time were due fifteen days later, on December 4, 2003. Tex. R. App. P. 26.2(a)(1), 26.3. The record contains a notice of appeal filed May 10, 2004.

This court lacks jurisdiction to entertain an appeal when no timely notice of appeal has been filed. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). We therefore ordered appellant to file a response, not later than June 4, 2004, showing that a notice of appeal was timely filed in the trial court or otherwise showing why this appeal should not be dismissed for want of jurisdiction. Appellant did not respond to our order. Accordingly, we dismiss the appeal for want of jurisdiction. See id.; 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).

PER CURIAM

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