Federico Carraman v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

No. 04-98-00767-CR
Federico CARRAMAN,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 93-CR-1233
Honorable Sharon MacRae, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Karen Angelini, Justice

Delivered and Filed: November 4, 1998

DISMISSED

The trial court imposed sentence in this case on July 24, 1998. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed August 24, 1998. See Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on September 8, 1998. See Tex. R. App. P. 26.3. Appellant filed notice of appeal on September 9, 1998. Appellant did not file a motion for extension of time.

On September 28, 1998, this court ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction by October 12, 1998. Appellant has not responded.

This court lacks jurisdiction over an appeal absent a timely filed notice of appeal. See Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996). Appellant has failed to respond to this court's order and has failed to demonstrate that this court has jurisdiction over this appeal. Accordingly, appellant's appeal is DISMISSED. See Tex. R. App. P. 42.3(a), (c).

PER CURIAM

DO NOT PUBLISH

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