Raymond Landa v. State of Texas--Appeal from 227th Judicial District Court of Bexar County

No. 04-00-00801-CR

Raymond LANDA,

Appellant

v.

The State of TEXAS,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2000-CR-0564

Honorable Philip A. Kazen, Jr., Judge Presiding

Per Curiam

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Catherine Stone, Justice

Delivered and Filed: February 14, 2001

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on October 16, 2000. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed November 15, 2000. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on November 30, 2000. Tex. R. App. P. 26.3. Appellant filed his notice of appeal on November 17, 2000. Appellant did not file a motion for extension of time.

On January 3, 2001, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant did not file a response. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. 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 felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07). This appeal is therefore dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH