Terry W. Whitley v. State

No. 04-98-00557-CR

Terry W. WHITLEY, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No.94-CR-5040 Honorable, James E. Barlow, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: July 31, 1998

DISMISSED FOR LACK OF JURISDICTION

Terry W. Whitley was sentenced on March 4, 1997. Whitley did not timely file a notice of appeal or motion for extension of time. See Tex. R. App. P. 26.2(a), 26.3. However, on June 23, 1998 Whitley filed a pro se motion to permit late filing of notice of appeal. He did not file a notice of appeal.

Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain Whitley's motion. See 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) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss Whitley's motion for leave to file his untimely notice of appeal for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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