DocketNumber: 04-10-00827-CR
Filed Date: 1/19/2011
Status: Precedential
Modified Date: 10/16/2015
MEMORANDUM OPINION No. 04-10-00827-CR Oscar Jaime REYNA, Jr., Appellant v. The STATE of Texas, Appellee From the 293rd Judicial District Court, Maverick County, Texas Trial Court No. 09-06-06466-MCR Honorable Cynthia L. Muniz, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: January 19, 2011 DISMISSED FOR LACK OF JURISDICTION The trial court imposed or suspended sentence on June 16, 2010. A motion for new trial was due on July 16, 2010. Tex. R. Civ. P. 329b(a). Appellant filed a motion for new trial on August 25, 2010. Because appellant did not timely file a motion for new trial, the notice of appeal was due to be filed on July 16, 2010. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on August 2, 2010. Tex. R. App. P. 26.3. Appellant did not file a motion for extension of time to file a notice of appeal, and he filed his notice of 04-10-00827-CR appeal on November 18, 2010. On December 9, 2010, we ordered appellant to show cause in writing why his appeal should not be dismissed. On December 16, 2010, appellant filed a letter contending he signed a waiver of his right to appeal unknowingly and involuntarily. He alleges his court-appointed attorney told appellant his appeal was “closed.” This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See Slaton v. State,981 S.W.2d 208
, 210 (Tex. Crim. App. 1998); 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
, 243 (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). Accordingly, this appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-