Shariel Sanchez v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-08-00406-CR Shariel SANCHEZ, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-1519 Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Karen Angelini, Justice Delivered and Filed: August 27, 2008 DISMISSED FOR LACK OF JURISDICTION Appellant was sentenced on February 4, 2008. No timely motion for new trial having been filed, appellant s notice of appeal was due to be filed no later than March 5, 2008. See TEX. R. APP. P. 26.2. The notice of appeal was not filed until June 9, 2008. On July 22, 2008, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. We noted that 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 04-08-00406-CR 519, 522 (Tex. Crim. App. 1996). Appellant did not respond to our order; however, appellant s attorney previously had filed written notice that the attorney could find no right of appeal for appellant pursuant to Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure. Because we lack jurisdiction to consider appellant s untimely appeal, the appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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