Robert Posey v. State of Texas--Appeal from 186th Judicial District Court of Bexar County

No. 04-00-00769-CR

Robert POSEY,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-1353
Honorable Phil Chavarria, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Alma L. L pez, Justice

Delivered and Filed: January 31, 2001

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on August 21, 2000. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed September 20, 2000. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on October 5, 2000, and was required to be filed in this court, not the trial court. Tex. R. App. P. 26.3. Appellant filed a notice of appeal and a motion for extension of time on November 1, 2000. Both the notice of appeal and the motion for extension of time were untimely. In addition, the motion for extension of time was filed in the wrong court.

Appellant has not responded to this court's order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. 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DO NOT PUBLISH