Juan Araujo v. State

• Court: Court of Appeals of Texas
• Decided: September 23, 1998
• Docket: 04-98-00662-CR
• Status: Published

Opinion

Nos. 04-98-00662-CR & 04-98-00663-CR

Juan ARAUJO, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court Nos. 97CR2948 & 97CR2947 Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Alma L. López, Justice

Delivered and Filed: September 23, 1998

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence in each of these causes on May 5, 1998. Because appellant did not file a motion for new trial, the notice of appeal in each cause was due to be filed on June 4, 1998. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on June 19, 1998. Tex. R. App. P. 26.3. Appellant filed his notice of appeal in each appeal on July 29, 1998. Appellant did not file a motion for extension of time.

Appellant has not responded to this court's order for appellant to show cause why these appeals should not be dismissed for lack of jurisdiction. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See 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 (Tex. Crim. App. 1991)(out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). The appeals are dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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