Charles Eugene Wright v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-99-00721-CR
Charles Eugene WRIGHT,
Appellant
v.
State of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 99-CR-2098
Honorable Mary Roman, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: October 27, 1999

APPEAL DISMISSED

Appellant's sentence was imposed August 2, 1999. The motion for new trial or notice of appeal was due September 1, 1999. See Tex. R. App. P. 26.2. The transcript does not contain a motion for new trial. A motion for extension of time to file the notice of appeal was due in this court September 16, 1999, see Tex. R. App. P. 41(b)(2), but the motion was filed late.(1)

Because the notice of appeal in this case 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) (explaining that both the notice of appeal and the motion for extension of time must be filed within the fifteen-day extension); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (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 Charles Eugene Wright's appeal for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH