Alonzo Munoz v. State
This text of Alonzo Munoz v. State (Alonzo Munoz v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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