Edward Gerard Valdez v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County
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MEMORANDUM OPINION No. 04-10-00355-CR Edward Gerard VALDEZ, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2008-CR-10525 Honorable Catherine Torres-Stahl, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: July 14, 2010 DISMISSED FOR LACK OF JURISDICTION Appellant was sentenced on July 27, 2009. A timely motion for new trial having been filed, appellant s notice of appeal was due to be filed no later than October 26, 2009. See TEX. R. APP. P. 26.2. The notice of appeal was not filed until April 28, 2010. No motion for extension of time was filed. See TEX. R. APP. P. 26.3. This court lacks jurisdiction to consider an appeal if a timely notice of appeal has not been filed. 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. 04-10-00355-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). On May 11, 2010, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded, agreeing that the appeal was untimely filed. Accordingly, this appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-
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