Teddy Lee Britton v. State of Texas ( 2001 )

No. 04-00-00747-CR

Teddy Lee BRITTON,

Appellant

v.

The State of TEXAS,

Appellee

From the 175th Judicial District Court of Bexar County, Texas

Trial Court No. 2000-CR-3311

Honorable Mary Roman, Judge Presiding

Per Curiam

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: February 14, 2001

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on September 5, 2000. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed October 5, 2000. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on October 20, 2000. Tex. R. App. P. 26.3. Appellant did not file his notice of appeal. Appellant filed a motion for extension of time on October 31, 2000.

On January 22, 2001, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant filed a response on February 5, 2001. 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 (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.

PER CURIAM

DO NOT PUBLISH