Irma Leyva Young v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00631-CR

Irma Leyva YOUNG, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2006CR4628 Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice

Delivered and Filed: November 21, 2012

DISMISSED

The trial court imposed sentence on June 6, 2012, and appellant did not file a motion for

new trial. Therefore, the deadline for filing a notice of appeal was July 6, 2012. See TEX. R.

APP. P. 26.2(a)(1). Appellant did not file a notice of appeal until September 26, 2012, and did

not file a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3.

On October 3, 2012, we issued an order advising appellant that her notice of appeal

appeared to be untimely and advising her to show cause on or before November 2, 2012, why

this appeal should not be dismissed for want of jurisdiction. We further advised appellant that if 04-12-00631-CR

she failed to satisfactorily respond by November 2, 2012, we would dismiss the appeal for want

of jurisdiction. Appellant did not file a response.

Because the notice of appeal in this case 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); see also

Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that 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 this appeal for want of

jurisdiction.

Do Not Publish

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