Andrew Lopez v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-04-00598-CR

Andrew LOPEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2001-CR-2402

Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 29, 2004

DISMISSED FOR LACK OF JURISDICTION

A judgment of "not guilty" was signed on October 9, 2003. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on November 10, 2003. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on November 25, 2003. Tex. R. App. P. 26.3. Appellant filed a motion for extension of time to file a notice of appeal on August 18, 2004. He has not filed a notice of appeal.

On August 26, 2004, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant did not file a response. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); 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 felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07). This appeal is therefore dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH