Michael K. Southall v. State ( 2006 )

MEMORANDUM OPINION  

No. 04-05-00887-CR

Michael K. SOUTHALL,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 1999-CR-5686

Honorable Mark R. Luitjen, Judge Presiding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed:   February 1, 2006

DISMISSED FOR LACK OF JURISDICTION

            Appellant was sentenced on September 9, 2005. No timely motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than October 10, 2005. See Tex. R. App. P. 26.2. The notice of appeal was not filed until November 30, 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).

            On December 22, 2005, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. The appellant did not respond to our order. The appeal is dismissed for lack of jurisdiction.

                                                                                    PER CURIAM

DO NOT PUBLISH