Jimmy Trevino v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00492-CR

Jimmy TREVINO,

Appellant

v.

The STATE of Texas ,

Appellee

From the 144th Judicial District, Bexar County, Texas

Trial Court No. 2006-CR-3871

Honorable Mark R. Luitjen , Judge Presiding

PER CURIAM

Sitting: Alma L. L pez , Chief Justice

Catherine Stone , Justice

Rebecca Simmons , Justice

Delivered and Filed: November 29, 2006

DISMISSED

The trial court imposed sentence on June 6, 2006. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed July 6, 2006. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on July 21, 2006. Tex. R. App. P. 26.3. Appellant filed a notice of appeal on July 11, 2006, but appellant did not file a motion for extension of time.

"When a notice of appeal is 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). On October 2, 2006, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. No response has been filed. This appeal is therefore dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH