Daniel Sanchez v. The State of Texas--Appeal from 81st Judicial District Court of Atascosa County

MEMORANDUM OPINION
No. 04-04-00605-CR
Daniel SANCHEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 03-05-0153-CRA
Honorable Stella Saxon, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: October 27, 2004

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on Daniel Sanchez on November 19, 2003, and appellant timely filed a motion for new trial. Thus, the notice of appeal was due February 17, 2004, or the notice, together with a motion for extension of time to file, were due fifteen days later on March 3, 2004. Tex. R. App. P. 26.2(a)(2), 26.3. The record contains a notice of appeal filed April 29, 2004. Sanchez did not file a motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3.

Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See 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 (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). Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM

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