Melvin Lemone Lewis v. State

• Court: Court of Appeals of Texas
• Decided: June 8, 2005
• Docket: 04-05-00221-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00221-CR

Melvin Lemone LEWIS,

Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CR-5758

Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed:   June 8, 2005

DISMISSED FOR LACK OF JURISDICTION

            Appellant was sentenced on January 19, 2005. No timely motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than February 18, 2005. See Tex. R. App. P. 26.2. The notice of appeal was not filed until April 12, 2005, and a motion for extension of time to file notice of appeal was not filed until April 14, 2005. See Tex. R. App. P. 26.3.

            Appellant has not responded to this court’s order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. This court lacks jurisdiction over an appeal in the absence of a timely written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). In order for appellant’s appeal to have been timely filed, the notice of appeal was required to have been filed in the trial court and a motion for extension of time was required to have been filed in this court no later than March 7, 2005. See id.; 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 appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH