Ricardo Sanchez v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00410-CR

Ricardo SANCHEZ,

Appellant

v.

The STATE of Texas ,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2001-CR-4339B

Honorable Phil Chavarria, Jr., Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 9, 2006

DISMISSED FOR WANT OF JURISDICTION

Appellant was sentenced on May 24, 2005. No motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than June 23, 2005. See Tex. R. App. P. 26.2(a)(1). Appellant's pro se notice of appeal was not filed until June 16, 2006. No motion for extension of time to file a notice of appeal was filed. See Tex. R. App. P. 26.3.

This court issued an order on July 10, 2006 directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant's appointed counsel responded by conceding that appellant has no right to appeal. When a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period, the appellate court lacks jurisdiction. Tex. R. App. P. 26.3; 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, 243 (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). Accordingly, the appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH