Alfredo H. Ramirez v. The State of Texas--Appeal from 218th Judicial District Court of Atascosa County

MEMORANDUM OPINION
No. 04-03-00708-CR
Alfredo Hernandez RAMIREZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 97-09-00224-CRA
Honorable Donna S. Rayes, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: September 8, 2004

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on July 18, 2003. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on August 17, 2003. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on September 1, 2003. Tex. R. App. P. 26.3. Appellant did not file a notice of appeal, but appellant filed an untimely motion to permit late filing of notice of appeal in this court on September 22, 2003. A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time. See id. In this case, no notice of appeal was filed, and the motion for extension of time was untimely filed.

On July 30, 2004, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant's attorney responded by letter to appellant, stating that she had "looked at the files" and could not "find a Notice of Appeal or anything like a letter that indicates that [appellant] want[s] to appeal." Accordingly, this appeal is dismissed for lack of jurisdiction. See id.; 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).

PER CURIAM

DO NOT PUBLISH