John Tschoepe v. State

Court of Appeals of Texas

John Tschoepe v. State

DecidedDecember 10, 2003

Docket04-03-00756-CR

StatusPublished

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John Tschoepe v. State, (Tex. Ct. App. 2003).

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MEMORANDUM OPINION Nos. 04-03-00755-CR & 04-03-00756-CR & 04-03-00757-CR John TSCHOEPE, Appellant v. The STATE of Texas, Appellee From the 81st and 218th Judicial District Courts, Atascosa County, Texas Trial Court Nos. 02-11-0293-CRA & 02-11-0295-CRA & 02-11-0296-CRA Honorable Olin B. Strauss, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: December 10, 2003

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed or suspended sentence in each cause on June 5, 2003. Appellant filed a motion for new trial in each cause on June 25, 2003; therefore, appellant's notices of appeal were due to be filed September 3, 2003. Tex. R. App. P. 26.2(a)(2). Appellant, however, filed his notices of appeal on September 4, 2003. He did not file a motion for extension of time. Because appellant did not timely file his notices of appeal or file a timely motion for extension of time, we lack jurisdiction to entertain these appeals. 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, 243 (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 appellant's appeals for lack of jurisdiction.

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MEMORANDUM OPINION Nos. 04-03-00755-CR & 04-03-00756-CR & 04-03-00757-CR John TSCHOEPE, Appellant v. The STATE of Texas, Appellee From the 81st and 218th Judicial District Courts, Atascosa County, Texas Trial Court Nos. 02-11-0293-CRA & 02-11-0295-CRA & 02-11-0296-CRA Honorable Olin B. Strauss, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: December 10, 2003

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed or suspended sentence in each cause on June 5, 2003. Appellant filed a motion for new trial in each cause on June 25, 2003; therefore, appellant's notices of appeal were due to be filed September 3, 2003. Tex. R. App. P. 26.2(a)(2). Appellant, however, filed his notices of appeal on September 4, 2003. He did not file a motion for extension of time. Because appellant did not timely file his notices of appeal or file a timely motion for extension of time, we lack jurisdiction to entertain these appeals. 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, 243 (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 appellant's appeals for lack of jurisdiction.

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