Steven Joseph Kite v. State

• Court: Court of Appeals of Texas
• Decided: February 29, 2000
• Docket: 04-99-00855-CR
• Status: Published

Opinion

99-852 thru 856 Kite v State of Texas.wpd Nos. 04-99-00852-CR; 04-99-00853-CR; 04-99-00854-CR; 04-99-00855-CR; 04-99-00856-CR Steven Joseph KITE, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court Nos. 96-CR-1976; 96-CR-2457; 96-CR-2697; 96-CR-5203; 98-CR-4634 Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Tom Rickhoff, Justice

Alma L. López, Justice

Catherine Stone, Justice

Delivered and Filed: February 29, 2000

DISMISSED FOR LACK OF JURISDICTION

In these causes, appellant was sentenced on August 20, 1999. Because appellant did not file motions for new trial, his notices of appeal were due on September 20, 1999. See Tex. R. App. P. 26.2(a)(1). Motions for extension of time to file the notices of appeal were due on October 5, 1999. See Tex. R. App. P. 26.3. Appellant filed his notices of appeal on November 17, 1999, and his motions for extension of time on November 24, 1999. Because it appeared that appellant's notices of appeal and motions for extension of time were untimely, we ordered him to show cause why these appeals should not be dismissed for lack of jurisdiction. Appellant has not responded. We lack jurisdiction over an appeal when the appellant fails to file a timely notice of appeal or a timely motion for extension of time. See Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996).⁽¹⁾ We therefore dismiss the appeals and deny appellant's motions for extension of time and for appointment of counsel.

DO NOT PUBLISH

1. The appropriate vehicle for obtaining an out-of-time appeal from a final felony conviction is by writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991); Charles v. State, 809 S.W.2d 574, 576 (Tex. App.--San Antonio 1991, no pet.).