Edward Mesquiti v. State

• Court: Court of Appeals of Texas
• Decided: November 13, 2002
• Docket: 04-02-00672-CR
• Status: Published

Opinion

No. 04-02-00672-CR Edward MESQUITI, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2001CR5798 Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Alma L. López, Justice

Catherine Stone, Justice

Delivered and Filed: November 13, 2002

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on March 21, 2002. The clerk's record contains a motion for new trial; however, the motion is not date-stamped. Assuming that the motion for new trial was timely filed, appellant's notice of appeal was due to be filed no later than June 19, 2002. See Tex. R. App. P. 26.2. Appellant did not file his notice of appeal until September 23, 2002. A motion for extension of time also was filed in the trial court on September 23, 2002; however, the motion was filed outside the 15 days allowed by the appellate rules and was filed in the wrong court. See Tex. R. App. P. 26.3.

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.2d 519, 522 (Tex. Crim. App. 1996); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 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). The appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH