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

 Annotate this Case
Download PDF
i i i i i i MEMORANDUM OPINION No. 04-10-00131-CR Pete RAMOS, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2000CR2381B Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: March 3, 2010 DISMISSED FOR LACK OF JURISDICTION After revoking appellant s probation, the trial court imposed sentence in the underlying cause on December 4, 2007. No timely motion for new trial having been filed, appellant s notice of appeal was due to be filed no later than January 3, 2008. See TEX . R. APP . P. 26.2. Appellant s notice of appeal was not filed in the trial court until January 25, 2010. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 04-10-00131-CR 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). Accordingly, this appeal is dismissed for lack of jurisdiction.1 PER CURIAM DO NOT PUBLISH 1 ¦ Although appellant s notice of appeal was filed in this court on August 27, 2008, the notice of appeal would still have been untimely filed even if we could consider that date of filing. But see Apt v. State, No. 04-03-00885-CR, 2004 W L 730832, at *1 (Tex. App. San Antonio Apr. 7, 2004, no pet.) (unlike rule in civil cases, notice of appeal filed with appellate court in criminal case is not deemed filed the same day with the trial court clerk) (not designated for publication). -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.