Thomas L. Castano v. State

• Court: Court of Appeals of Texas
• Decided: December 16, 2009
• Docket: 04-09-00672-CR
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-09-00672-CR

Thomas L. CASTANO, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 4, Bexar County, Texas Trial Court No. 300086 Honorable Sarah Garrahan-Moulder, Judge Presiding

PER CURIAM

Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: December 16, 2009

DISMISSED FOR LACK OF JURISDICTION

Appellant was sentenced on September 4, 2009. No timely motion for new trial having been

filed, appellant’s notice of appeal was due to be filed no later than October 5, 2009. See TEX . R.

APP . P. 26.2. The notice of appeal was not filed until October 14, 2009, and no motion for extension

of time was filed. See TEX . R. APP . P. 26.3. 04-09-00672-CR

This court ordered appellant to show cause why this appeal should not be dismissed for

lack of jurisdiction. Appellant responded by filing a motion to dismiss this appeal; however, this

court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written

notice of appeal. See Olivo v. State, 918 S.W.3d 519, 522 (Tex. Crim. App. 1996). Accordingly,

the appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

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