David Cepeda Jones v. State

Opinion

MEMORANDUM OPINION No. 04-10-00921-CR

David Cepeda JONES, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 1994CR5367W Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: January 26, 2011

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence in the underlying cause on August 5, 1997. The notice

of appeal was due to be filed on September 4, 1997. TEX. R. APP. P. 26.2(a). Appellant filed a

notice of appeal on November 30, 2010. A timely notice of appeal is necessary to invoke a court

of appeals’ jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

Because appellant failed to file a timely notice of appeal, this appeal is dismissed for lack of

jurisdiction. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 04-10-00921-CR

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).

DO NOT PUBLISH

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