Ralph Edward Shepphard v. State

• Court: Court of Appeals of Texas
• Decided: May 26, 1999
• Docket: 04-99-00212-CR
• Status: Published

Opinion

No. 04-99-00212-CR

Ralph Edward SHEPPHARD, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 98-CR-1414 Honorable Sharon MacRae, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: May 26, 1999

DISMISSED FOR LACK OF JURISDICTION

Ralph Edward Shepphard was convicted of intoxication manslaughter and was sentenced on February 10, 1999. Shepphard did not file a motion for new trial, and the deadline for filing a notice of appeal was therefore March 13, 1999. Tex. R. App. P. 26.2(a)(1). The deadline for filing a motion for extension of time to file the notice of appeal was March 29, 1999. Tex. R. App. P. 26.3. No motion for extension was filed; however, Shepphard filed a notice of appeal on March 19, 1999 and, on April 28, 1999, after this court issued a show cause order, Shepphard filed a motion for leave to file a motion for extension of time to file his notice of appeal.

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 and Shepphard's motion for leave to file a motion for extension of time for want of jurisdiction.

DO NOT PUBLISH