Charles Spenser v. The State of Texas--Appeal from 198th Judicial District Court of Kerr County

No. 04-98-00918-CR
Charles SPENSER,
Appellant
v.
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B98354
Honorable James C. Onion, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: December 16, 1998

MOTION FOR LEAVE TO FILE LATE NOTICE OF APPEAL DISMISSED FOR LACK OF JURISDICTION; APPEAL DISMISSED FOR LACK OF JURISDICTION

Charles Spenser was sentenced on April 20, 1998. His notice of appeal or request for an extension of time was due May 20. On November 2, Spencer filed a pro se motion for leave to file a late notice of appeal. Because Spencer's motion was not timely filed, we lack jurisdiction to entertain the appeal. See 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) (explaining that the writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss Spencer's motion and his appeal for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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