Juan Serna Cervera v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

State: Texas

Docket No: 04-04-00318-CR

Case Date: 11/24/2004

Plaintiff: THE LAW FUNDER, L. L. C.

Defendant: WILFRIDO GARCIA, ET AL.--Appeal from 449th District Court of Hidalgo County

Preview:Juan Serna Cervera v. The State of Texas--Appeal from
399th Judicial District Court of Bexar County
MEMORANDUM OPINION
No. 04-04-00318-CR
Juan Serna CERVERA,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-4729
Honorable Juanita Vasquez-Gardner, Judge Presiding
PER CURIAM
Sitting: Alma L. L pez, Chief Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: November 24, 2004
DISMISSED FOR LACK OF JURISDICTION
It appears we lack jurisdiction over this appeal because the notice of appeal was filed late. The trial court imposed
sentence on March 1, 2004. Because appellant did not file a motion for new trial, the notice of appeal was due to be
filed on March 31, 2004. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was
due on April 15, 2004. 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 appeal on May 3, 2004.
On October 8, 2004, we ordered appellant to show cause why his appeal should not be dismissed for lack of
jurisdiction. Appellant did not file a response. 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). This appeal is therefore dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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