Thomas L. Castano v. State ( 2009 )

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  MEMORANDUM OPINION

No. 04-09-00672-CR

Thomas L. CASTANO,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 4, Bexar County, Texas

Trial Court No. 300086

Honorable Sarah Garrahan-Moulder, Judge Presiding

PER CURIAM

Sitting:            Rebecca Simmons, Justice

                        Steven C. Hilbig, Justice

                        Marialyn Barnard, Justice

Delivered and Filed: December 16, 2009

DISMISSED FOR LACK OF JURISDICTION

            Appellant was sentenced on September 4, 2009. No timely motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than October 5, 2009. See Tex. R. App. P. 26.2. The notice of appeal was not filed until October 14, 2009, and no motion for extension of time was filed. See Tex. R. App. P. 26.3.

            This court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded by filing a motion to dismiss this appeal; however, this court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See Olivo v. State, 918 S.W.3d 519, 522 (Tex. Crim. App. 1996). Accordingly, the appeal is dismissed for lack of jurisdiction.

                                                                                    PER CURIAM

DO NOT PUBLISH