Johnny Vega v. The State of Texas--Appeal from 214th District Court of Nueces County

State: Texas

Court: Texas Northern District Court

Docket No: 13-06-00433-CR

Case Date: 09/28/2006

Plaintiff: Johnny Vega

Defendant: The State of Texas--Appeal from 214th District Court of Nueces County

Preview:Ramiro Delgado v. The State of Texas--Appeal from
227th Judicial District Court of Bexar County
No. 04-02-00706-CR
Ramiro DELGADO,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR4393W
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Sarah B. Duncan, Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: November 13, 2002
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence pursuant to a plea-bargained conviction on August 19, 2002, and appellant did not
file a motion for new trial. The deadline for filing a notice of appeal was therefore September 18, 2002. Tex. R. App.
P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due fifteen days later on October 3, 2002.
See Tex. R. App. P. 26.3. Appellant's notice of appeal and motion for leave to file a late notice of appeal were
postmarked October 7, 2002 and received for filing on October 8.
Because the notice of appeal and motion for extension of time to file the notice were 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 the motion for leave and the appeal for want of jurisdiction.
PER CURIAM
Do not publish
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