Ex Parte Marcelo Parodi

Opinion

MEMORANDUM OPINION No. 04-11-00450-CR

EX PARTE MARCELO PARODI

From the County Court at Law No. 6, Bexar County, Texas Trial Court No. 2460 Honorable Wayne A. Christian, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice

Delivered and Filed: September 21, 2011

DISMISSED FOR LACK OF JURISDICTION

The trial court denied appellant’s application for writ of habeas corpus on April 25, 2011.

Therefore, the notice of appeal was due to be filed on May 25, 2011. TEX. R. APP. P. 26.2(a)(1).

Appellant did not file a motion for new trial or a motion for an extension of time in which to file

his notice of appeal. Appellant filed his notice of appeal on June 21, 2011. Appellate counsel’s

certificate of service in the notice of appeal is dated June 20, 2011. On August 24, 2011, we

ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction.

Appellant’s counsel filed a response; however, although this court has appellate jurisdiction over

criminal habeas matters, see Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio

1999, no pet.), it is still necessary to file a timely notice of appeal to invoke our jurisdiction. See 04-11-00450-CR

TEX. R. APP. P. 25.2(a) and 26.2(a); 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Do not publish

-2-