EX PARTE JOHN BENNY JOHNS

State: Texas

Docket No: AP-76,062

Case Date: 12/17/2008

Plaintiff: Jerome Walter Hunter

Defendant: The State of Texas--Appeal from 144th Judicial District Court of Bexar County

Preview:Jerome Walter Hunter v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-04-00756-CR Jerome Walter HUNTER, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2003-CR-0161W Honorable Mark R. Luitjen, Judge Presiding PER CURIAM Sitting: Sarah B. Duncan, Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: December 29, 2004 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence on Jerome Walter Hunter on November 20, 2003, and Hunter did not file a motion for new trial. Thus, the notice of appeal was due December 22, 2003, or the notice, together with a motion for extension of time to file, were due fifteen days later on January 6, 2004. Tex. R. App. P. 26.2(a)(1), 26.3. On October 15, 2004, Hunter filed an "Out of Time Notice of Appeal" in the trial court. To invoke this court's jurisdiction, appellant must file a timely notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). On November 3, 2004, we ordered appellant to show cause, not later than November 29, 2004, why this appeal should not be dismissed for want of jurisdiction. Appellant did not respond to our order. Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. 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 this appeal for want of jurisdiction. PER CURIAM Do not publish

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