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Fourth Court of Appeals San Antonio, TexasFeb 27, 2013
No. 04-13-00061-CR (Tex. App. Feb. 27, 2013)

No. 04-13-00061-CR


Tino CARTER, Appellant v. The STATE of Texas, Appellee


From the County Court at Law No. 8, Bexar County, Texas

Trial Court No. 403368

The Honorable Liza Rodriguez, Judge Presiding

PER CURIAM Sitting: Sandee Bryan Marion, Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

The trial court imposed or suspended sentence on November 7, 2012. The notice of appeal was due to be filed on December 7, 2012. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on December 27, 2012. TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on January 4, 2013, and a motion for extension of time on January 4, 2013. Therefore, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.

On February 20, 2013, appellant's attorney filed a response in which counsel agreed the notice of appeal was not timely and this court lacked jurisdiction over the appeal. Accordingly, we dismiss this appeal for lack of jurisdiction. 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).

PER CURIAM Do not publish