Gabriel Quiroz v. State

• Court: Court of Appeals of Texas
• Decided: April 28, 1999
• Docket: 04-99-00210-CR
• Status: Published

Opinion

No. 04-99-00210-CR

Gabriel QUIROZ, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 98-CR-3029 Honorable Bill M. White, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: April 28, 1999

DISMISSED FOR LACK OF JURISDICTION

The trial court found Gabriel Quiroz guilty of possession of a controlled substance; and, on January 20, 1999, the trial court imposed a thirty-three year sentence. Quiroz's notice of appeal was due February 19, but it was not filed until March 26, more than fifteen days after the due date. See Tex. R. App. P. 26.2, 26.3. Because the notice of appeal was not timely filed, we lack jurisdiction to entertain the 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 Quiroz's appeal for want of jurisdiction.

DO NOT PUBLISH