Warren Fletcher v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00523-CR
Warren FLETCHER,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2004CR7251W
Honorable Sid L. Harle, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

 

Delivered and Filed: August 15, 2007

 

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on July 25, 2005. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than August 25, 2005. See Tex. R. App. P. 26.2. The notice of appeal was not filed until July 25, 2007. See Tex. R. App. P. 26.3. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See 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 (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). The appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH