Paul De La Fuente v. The State of Texas--Appeal from County Court at Law No 8 of Bexar County

MEMORANDUM OPINION

No. 04-05-00742-CR

Paul Anthony DE LA FUENTE,

Appellant

v.

The STATE of Texas,

Appellee

From County Court at Law No. 8, Bexar County, Texas

Trial Court No. 919941

Honorable Henry G. Schuble, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Rebecca Simmons, Justice

Delivered and Filed: December 7, 2005

DISMISSED

Appellant was sentenced on June 17, 2005. No timely motion for new trial having been filed, appellant s notice of appeal was due to be filed no late than July 18, 2005. See Tex. R. App. P. 26.2. Additionally, appellant did not file a motion for extension of time in accordance with Tex. R. App. P. 26.3.

When a notice of appeal if filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); 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). This appeal is therefore DISMISSED for lack of jurisdiction.

PER CURIAM

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