Dwayne Perkins v. State

• Court: Court of Appeals of Texas
• Decided: December 9, 2009
• Docket: 04-09-00683-CR
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-09-00683-CR

Dwayne PERKINS, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 293451 Honorable Dick Alcala, Judge Presiding

PER CURIAM

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

Delivered and Filed: December 9, 2009

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on August 20, 2009. No timely motion for new trial having been

filed, appellant’s notice of appeal was due to be filed no later than September 20, 2009. See TEX .

R. APP . P. 26.2. The notice of appeal was not filed until October 20, 2009, and no motion for

extension of time was filed. See TEX . R. APP . P. 26.3. 04-09-00683-CR

Appellant has not responded to this court’s order for appellant to show cause why this appeal

should not be dismissed for lack of jurisdiction. This court lacks jurisdiction over an appeal of a

criminal conviction in the absence of a timely, written notice of appeal. See Olivo v. State, 918

S.W.3d 519, 522 (Tex. Crim. App. 1996). The appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

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