Juan Serna Cervera v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

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MEMORANDUM OPINION

No. 04-04-00318-CR

Juan Serna CERVERA,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2003-CR-4729

Honorable Juanita Vasquez-Gardner, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: November 24, 2004

DISMISSED FOR LACK OF JURISDICTION

It appears we lack jurisdiction over this appeal because the notice of appeal was filed late. The trial court imposed sentence on March 1, 2004. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on March 31, 2004. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on April 15, 2004. Tex. R. App. P. 26.3. Appellant did not file a motion for extension of time to file a notice of appeal, and he filed his notice of appeal on May 3, 2004.

On October 8, 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. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988); 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DO NOT PUBLISH

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