Willie L. Jackson, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: September 14, 2005
• Docket: 04-05-00623-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00623-CR

Willie L. JACKSON, Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CR-3324

Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed:   September 14, 2005

DISMISSED FOR LACK OF JURISDICTION

            Appellant was sentenced on August 20, 2002. No timely motion for new trial having been filed, appellant’s notice of appeal was due to be filed in the trial court no later than September 19, 2002. See Tex. R. App. P. 26.2. A motion for extension of time to file the notice of appeal was due to be filed in this court no later than October 4, 2002. See Tex. R. App. P. 26.3.

             A motion requesting leave to file a late notice of appeal was not filed in this court until August 26, 2005, and the notice of appeal was not filed in the trial court until August 29, 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); 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). Since the notice of appeal was filed almost three years late, this appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH