Alonzo Munoz v. State

Opinion

No. 04-00-00182-CR

Alonzo MUNOZ, Appellant

v.

The STATE of Texas, Appellee

From the 79th Judicial District Court, Brooks County, Texas Trial Court No. 92-01-02983-CR Honorable Terry A. Canales, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: May 10, 2000

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on September 16, 1999, and appellant timely filed a motion for new trial on October 1, 1999. The deadline for filing a notice of appeal was therefore December 15, 1999. Tex. R. App. P. 26.2(a)(2). A notice of appeal was not filed until December 20, 1999, and appellant did not file a timely motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3. Accordingly, on March 31, 2000,we ordered Muñoz to show cause, no later than April 14, 2000, why his appeal should not be dismissed for want of jurisdiction. No response has been filed.

Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the 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. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). We therefore dismiss this appeal for want of jurisdiction.

DO NOT PUBLISH