Henry Patrick Davis v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00628-CR

Henry Patrick DAVIS,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2003-CR-1117

Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: November 9, 2005

DISMISSED FOR LACK OF JURISDICTION

Pursuant to a plea bargain agreement, appellant, Henry Patrick Davis, pled nolo contendere to indecency with a child. On April 4, 2003, the trial court imposed sentence. The record contains a signed certification of defendant s right to appeal, dated April 4, 2003, stating that this is a plea bargain case, and the defendant has NO right of appeal. See Tex. R. App. P. 25.2(a)(2). Over two years later, on August 29, 2005, appellant filed a pro se Motion for Notice of Out of Time appeal.

Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on May 5, 2003. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on May 20, 2003. Tex. R. App. P. 26.3. Appellant did not file a motion for extension of time to file a notice of appeal until August 29, 2005. 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).

On September 13, 2005, 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, 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DO NOT PUBLISH