Edna Garcia AKA Edna Jane Marquez v. State

• Court: Court of Appeals of Texas
• Decided: September 30, 1998
• Docket: 04-98-00748-CR
• Status: Published

Opinion

No. 04-98-00748-CR

Edna GARCIA a/k/a Edna Jane Marquez, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 88-CR-4759 Honorable Mary Román, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: September 30, 1998

DISMISSED FOR LACK OF JURISDICTION

Edna Garcia, also known as Edna Jane Marquez, filed a pro se motion to permit late filing of her notice of appeal. She did not timely file a motion for extension of time. Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain both Garcia's motion and her appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (explaining that both the notice of appeal and the motion for extension of time must be filed within the fifteen-day extension); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that the 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 Garcia's motion and appeal for want of jurisdiction.

DO NOT PUBLISH

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