Adrian Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2005
• Docket: 04-05-00489-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00489-CR

Adrian HERNANDEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CR-1971-W

Honorable Mary Román, Judge Presiding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed:   August 31, 2005

DISMISSED FOR WANT OF JURISDICTION

            Appellant was sentenced on May 9, 2005. No timely motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than June 8, 2005. See Tex. R. App. P. 26.2. The notice of appeal was not filed until July 14, 2005. 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 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 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). On August 4, 2005, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. The appellant did not respond to our order. The appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH