Tomas Suniga v. State

• Court: Court of Appeals of Texas
• Decided: August 3, 2005
• Docket: 04-05-00474-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00474-CR

Tomas SUNIGA,

Appellant

v.

The STATE of Texas,

Appellee

From the 290th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CR-7832

Honorable Sharon MacRae, Judge Presiding

PER CURIAM

Sitting:            Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

                        Rebecca Simmons, Justice

Delivered and Filed:   August 3, 2005

DISMISSED FOR LACK OF JURISDICTION

            The trial court imposed sentence on April 13, 2004. A motion for new trial was due on May 13, 2004. Tex. R. App. P. 21.4. A motion for new trial was untimely filed on July 5, 2005. Because a motion for new trial was not timely filed, the notice of appeal was due to be filed on May 13, 2004. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on May 28, 2004. Tex. R. App. P. 26.3. Appellant filed a notice of appeal on July 5, 2005.

            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, 243 (Tex. Crim. App. 1991) (out-of-time appeal from felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07). This appeal is therefore dismissed for lack of jurisdiction.

DO NOT PUBLISH