Ex Parte Jonathan Ray Depue

• Court: Court of Appeals of Texas
• Decided: July 11, 2007
• Docket: 04-07-00388-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-07-00388-CR

EX PARTE JONATHAN RAY DEPUE

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2006-CR-10950B

Honorable Andrew Carruthers, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: July 11, 2007

DISMISSED FOR LACK OF JURISDICTION

On May 22, 2007, appellant filed a notice of appeal "from the written order of the trial court issuing the writ of habeas corpus, but denying relief thereon." The clerk's record contains a single written order and it was signed on March 23, 2007. Appellant's notice of appeal challenging that order was due on April 22, 2007. See Tex. R. App. P. 26.2(a). Because appellant's notice of appeal was filed on May 22, 2007, it appeared this court lacks jurisdiction over this appeal.

On June 13, 2007, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant's counsel responded, stating the multiple cases that have consumed his time. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. 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, 243 (Tex. Crim. App. 1991) (out-of-time appeal from felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07). This appeal is therefore dismissed for lack of jurisdiction.

DO NOT PUBLISH