Roundtreev.State

Court of Appeals of Texas, Fourth District, San AntonioJul 11, 2007
No. 04-07-00362-CR (Tex. App. Jul. 11, 2007)

No. 04-07-00362-CR

Delivered and Filed: July 11, 2007. DO NOT PUBLISH.

Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CR-7263W, Honorable Philip A. Kazen, Jr., Judge Presiding.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


MEMORANDUM OPINION


PER CURIAM.

Appellant was sentenced on April 5, 2007. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than May 7, 2007. See Tex. R. App. P. 26.2. The notice of appeal was filed on May 17, 2007. A motion for extension of time was due to be filed on May 22, 2007, but no motion was filed. See Tex. R. App. P. 26.3. Appellant has not responded to this court's order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. "When a notice of appeal is filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction." 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). The appeal is dismissed for lack of jurisdiction.