Jovan Gomez v. State of Texas--Appeal from 186th Judicial District Court of Bexar County

00-00398 Gomez v State of Texas.wpd No. 04-00-00398-CR
Jovan GOMEZ,
Appellant
v.
The STATE of Texas,
Appellee

From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 1998-CR-4599W
Honorable Sam Katz, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: August 9, 2000

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on Jovan Gomez on May 2, 2000. Gomez did not file a motion for new trial, and the deadline for filing a notice of appeal was therefore June 1, 2000. Tex. R. App. P. 26.2(a)(1). The deadline for filing a motion for extension of time to file the notice of appeal was June 16, 2000. Tex. R. App. P. 26.3. No motion for extension was filed; however, Gomez filed a notice of appeal on June 6, 2000. The envelope in which the notice of appeal was mailed is postmarked June 5, 2000.

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); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that 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 this appeal for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH