James R. Hiatt v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-08-00685-CR James R. HIATT, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-2741 Honorable Catherine Torres-Stahl, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: October 8, 2008 DISMISSED FOR WANT OF JURISDICTION Appellant was sentenced on May 30, 2008. A timely motion for new trial was filed, and therefore appellant s notice of appeal was due to be filed on August 28, 2008; a motion for extension of time to file a notice of appeal was due on September 12, 2008. See TEX . R. APP . P. 26.2(a), 26.3. Appellant filed his notice of appeal in the trial court on September 4, 2008, but did not file a motion for extension of time to file a late notice of appeal in this Court. See TEX . R. APP . P. 26.3. When a notice of appeal and a motion for extension of time are not filed within the fifteen-day grace period 04-08-00685-CR after the deadline for filing notice of appeal, 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). We issued an order on September 19, 2008 directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant s counsel responded in writing and agreed that this Court lacks jurisdiction over this appeal. TEX . R. APP . P. 26.3; Olivo, 918 S.W.2d at 522. Accordingly, the appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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