Antonio Olveda v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-10-00162-CR Antonio OLVEDA, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2008CR8045 Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: March 10, 2010 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence in the underlying cause on September 28, 2009. No timely motion for new trial having been filed, appellant s notice of appeal was due to be filed no later than October 28, 2009. See TEX . R. APP . P. 26.2. Appellant s notice of appeal was not filed with the trial court clerk until February 16, 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 S.W.2d 241 (Tex. Crim. 04-10-00162-CR 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); Apt v. State, No. 04-0300885-CR, 2004 WL 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). Accordingly, this appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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