Adam Damour v. State of Texas--Appeal from 227th Judicial District Court of Bexar County

No. 04-00-00822-CR
Adam R. DAMOUR,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2000CR4713W
Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: January 17, 2001

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on October 16, 2000. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than November 15, 2000. See Tex. R. App. P. 26.2. The notice of appeal was not filed until November 27, 2000, and no motion for extension of time was filed. See Tex. R. App. P. 26.3.

On December 18, 2000, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant's counsel responded that he was unaware that appellant had filed a pro se notice of appeal until December 4, 2000, which was after the deadline for filing a motion for extension of time. Appellant's counsel understands that appellant may seek an out-of-time appeal, but he is unable to show cause why this appeal should not be dismissed. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See 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); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991)(out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). The appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH