Ramiro Delgado v. State

• Court: Court of Appeals of Texas
• Decided: November 13, 2002
• Docket: 04-02-00706-CR
• Status: Published

Opinion

No. 04-02-00706-CR Ramiro DELGADO, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2002-CR4393W Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: November 13, 2002

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence pursuant to a plea-bargained conviction on August 19, 2002, and appellant did not file a motion for new trial. The deadline for filing a notice of appeal was therefore September 18, 2002. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due fifteen days later on October 3, 2002. See Tex. R. App. P. 26.3. Appellant's notice of appeal and motion for leave to file a late notice of appeal were postmarked October 7, 2002 and received for filing on October 8.

Because the notice of appeal and motion for extension of time to file the notice were 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 the motion for leave and the appeal for want of jurisdiction.

Do not publish