Donald Ray Mcintosh v. The State of Texas--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION
No. 04-07-000679-CR & 04-07-00680-CR
Donald Ray MCINTOSH,
Appellant
v.
The STATE of Texas ,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 925317 & 948184
Honorable Monica E. Guerrero, Judge Presiding

PER CURIAM

 

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: October 10, 2007

 

DISMISSED FOR LACK OF JURISDICTION

Appellant, Donald Ray McIntosh ("McIntosh"), has filed a motion for leave to file a late notice of appeal. The trial court imposed or suspended sentence on April 7, 2006. A motion for new trial was due on May 8, 2006. Assuming McIntosh timely filed a motion for new trial, the latest possible date for him to have timely filed his notice of appeal was July 6, 2006. Tex. R. App. P. 26.2(a)(1). As such, a motion for extension of time to file the notice of appeal was due on July 21, 2006. Tex. R. App. P. 26.3. McIntosh did not file his notice of appeal until September 25, 2007 and has not timely filed a motion for extension of time.

McIntosh requests that we grant him leave to file a late notice of appeal. We do not have the authority to grant such leave, as we lack 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).

Accordingly, this appeal is dismissed for lack of jurisdiction.

 

PER CURIAM

DO NOT PUBLISH