Michael Ruiz, Jr. v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00560-CR

Michael RUIZ, Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2001CR4376

Honorable Mark Luitjen, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 31, 2005

DISMISSED

Appellant was sentenced on March 23, 2004. No timely motion for new trial having been filed, appellant s notice of appeal was due to be filed no later than April 22, 2004. See Tex. R. App. P. 26.2. Additionally, appellant did not file a motion for extension of time in accordance with Tex. R. App. P. 26.3.

When a notice of appeal if filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction. 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) (out of time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). This appeal is therefore DISMISSED for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH