Alexvenskee L. Brown v. The State of Texas--Appeal from County Court at Law No 7 of Bexar County
Annotate this CaseMEMORANDUM OPINION
No. 04-04-00255-CR
Alexvenskee L. BROWN,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 832630
Honorable Monica Guerrero, Judge Presiding
PER CURIAM
Sitting: Alma L. L pez, Chief Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: August 11, 2004
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence on August 6, 2003. A motion for new trial was due on September 5, 2003. Tex. R. Civ. P. 329b(a). Appellant filed his motion for new trial and his notice of appeal on May 5, 2004. On May 19, 2004, we ordered appellant to show cause why his appeal
04-04-00255-CR
should not be dismissed for lack of jurisdiction. Appellant's counsel, Velia J. Meza, filed a response agreeing that this court lacked jurisdiction over this appeal.
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, 243 (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DO NOT PUBLISH
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