Ricardo Ybarra Zamora v. State

• Court: Court of Appeals of Texas
• Decided: March 30, 2005
• Docket: 04-05-00096-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00096-CR

Ricardo Ybarra ZAMORA,

Appellant

v.

The STATE of Texas,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 03-1872-CR

Honorable Sam Robertson, Judge Presiding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed:   March 30, 2005

DISMISSED FOR LACK OF JURISDICTION

            Appellant was sentenced on June 21, 2004. No timely motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than July 21, 2004. See Tex. R. App. P. 26.2. The notice of appeal was not filed until February 5, 2005, and no motion for extension of time was filed. See Tex. R. App. P. 26.3. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); 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). On February 17, 2005, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded to our order on March 16, 2005; however, nothing contained in appellant’s response provides this court with any basis for exercising jurisdiction given that the notice of appeal was untimely filed. This appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH