Kenneth Wayne Pendleton v. The State of Texas--Appeal from County Court at Law No 11 of Bexar County

MEMORANDUM OPINION
No. 04-04-00573-CR
Kenneth Wayne PENDLETON,
Appellant
v.
The STATE of Texas,
Appellee

From the County Court at Law No. 11, Bexar County, Texas
Trial Court No. 885203
Honorable Henry G. Schuble, III, (1) Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: September 1, 2004

DISMISSED FOR LACK OF JURISDICTION

Kenneth Wayne Pendleton was sentenced on May 24, 2004, and did not file a motion for new trial. Pendleton's notice of appeal was therefore due June 23, 2004, or a motion for extension of time, filed in this court, and a notice of appeal, filed in the trial court, were due no later than July 18, 2004. See Tex. R. App. P. 26.2, 26.3. Both the notice of appeal and a motion for extension of time must be timely filed in the proper court in order for this court to have jurisdiction over the appeal. See Tex. R. App. P. 26.3; 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.). We have no record that appellant filed a notice of appeal. Pendleton's motion for extension of time was filed in the trial court on August 3, 2004, and in this court on August 10, 2004.

Because the motion for extension of time was not timely filed and no notice of appeal was filed, we lack jurisdiction to entertain the appeal. See Olivo, 918 S.W.2d at 522. Accordingly, we dismiss the motion for extension of time to file the notice of appeal for want of jurisdiction.

PER CURIAM

Do not publish

1. Sitting by appointment.