Jonathan G. Velez v. The State of Texas--Appeal from County Court at Law No 11 of Bexar County

MEMORANDUM OPINION
No. 04-06-00684-CR
Jonathan G. VELEZ,
Appellant
v.
The STATE of Texas,
Appellee
From County Court at Law No. 11, Bexar County, Texas
Trial Court No. 968311
Honorable Jo-Ann S. De Hoyos, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: March 28, 2007

 

DISMISSED

The trial court suspended sentence on August 15, 2006. Because appellant did not file a timely motion for new trial, the notice of appeal was due to be filed September 14, 2006. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on September 29, 2006. Tex. R. App. P. 26.3. Appellant filed notice of appeal on October 6, 2006. Appellant did not file a motion for extension of time.

On February 12, 2007, this court issued an order that appellant show cause in writing by February 26, 2006, why this appeal should not be dismissed for lack of jurisdiction. See id.; 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). No response has been filed to the show cause order and no motion for extension of time for the notice of appeal has been filed in this matter. This appeal is therefore DISMISSED for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH