Daniel Sanchez v. State

• Court: Court of Appeals of Texas
• Decided: October 27, 2004
• Docket: 04-04-00603-CR
• Status: Published

Opinion

MEMORANDUM OPINION Nos. 04-04-00602-CR, 04-04-00603-CR, and 04-04-00604-CR Daniel SANCHEZ, Appellant v. The STATE of Texas, Appellee From the 218th Judicial District Court, Atascosa County, Texas Trial Court Nos. 03-03-0086-CRA, 03-03-0088-CRA, 03-03-0089-CRA Honorable Stella Saxon, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: October 27, 2004

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on Daniel Sanchez in these cases on November 19, 2003, and appellant timely filed a motion for new trial. Thus, the notices of appeal was due February 17, 2004, or the notices, together with motions for extension of time to file, were due fifteen days later on March 3, 2004. Tex. R. App. P. 26.2(a)(2), 26.3. The record in each appeal contains a notice of appeal filed April 29, 2004. Sanchez did not file a motion for extension of time to file the notices of appeal. See Tex. R. App. P. 26.3.

Because the notices of appeal in these cases were not timely filed, we lack jurisdiction to entertain the appeals. 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). Accordingly, we dismiss these appeals for want of jurisdiction.

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