IN RE THE ESTATE OF ADOLFO GARZA BETANCOURT--Appeal from County Court at Law No 2 of Cameron County

State: Texas

Court: Texas Northern District Court

Docket No: 13-05-00524-CV

Case Date: 09/01/2005

Plaintiff: Jose Antonio Perez

Defendant: The State of Texas--Appeal from 226th Judicial District Court of Bexar County

Preview:Jose Antonio Perez v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County
No. 04-02-00050-CR Jose Antonio PEREZ, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CR-0434-W Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Phil Hardberger, Chief Justice Alma L. L pez, Justice Sandee Bryan Marion, Justice Delivered and Filed: February 13, 2002 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence on February 26, 2001. A motion for new trial was due on March 28, 2001. The defendant, Jose Antonio Perez, filed his motion for new trial on January 9, 2002. In the absence of a timely filed motion for new trial, the notice of appeal was due on March 28, 2001. Tex. R. App. P. 26.2(a). A motion for extension of time to file the notice of appeal was due on March 12, 2001. Tex. R. App. P. 26.3. The defendant filed his notice of appeal on January 9, 2002. 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); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988); 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). Furthermore, the defendant filed a general notice of appeal to complain of a conviction based on a plea of guilty. The punishment assessed did not exceed the punishment recommended by the State and agreed to by the defendant. The trial court did not grant defendant permission to appeal. Because defendant's notice of appeal does not comply with Texas Rule of Appellate Procedure 25.2(b)(3), this court does not have jurisdiction to consider defendant's complaints on appeal. White v. State, 61 S.W.3d 424 (Tex. Crim. App. 2001); Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001). We therefore dismiss the appeal for lack of jurisdiction. PER CURIAM
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