Jose Angel Torres v. The State of Texas--Appeal from County Court at Law No 8 of Bexar County

MEMORANDUM OPINION

No. 04-06-00592-CR
Jose Angel TORRES,

Appellant
v.

The STATE of Texas,

Appellee

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

Trial Court No. 932383

Honorable Karen Crouch, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: December 13, 2006

DISMISSED FOR LACK OF JURISDICTION

On August 30, 2006, appellant filed a Motion For Leave To File Late Notice Of Appeal, in which appellant states sentence was imposed on July 12, 2006. The clerk's record has not yet been filed. It appears appellant was originally sentenced on August 23, 2005, and placed on community supervision. On or about August 28, 2006, the trial court amended the terms of appellant's community supervision. Accordingly, on September 7, 2006, this court granted appellant's motion and ordered that he file his notice of appeal no later than September 27, 2006. See Tex. R. App. P. 25.2. The notice of appeal has not been filed. Therefore, on October 27, 2006, this court ordered appellant to show cause in writing why this appeal should not be dismissed for want 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DO NOT PUBLISH